Albania: Impeachment of the President, Subject to the Meaning of “Serious Violation”

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Albania: Impeachment of the President, Subject to the Meaning of “Serious Violation” Policy Article June 2021 ALBANIA: IMPEACHMENT OF THE PRESIDENT, SUBJECT TO THE MEANING OF “SERIOUS VIOLATION” Analysis and Scenarios The impeachment of President Ilir Meta has caused quite a vortex in Albania. All attention is now turned to the Constitutional Court, as it will have the final word on whether President Meta will be dismissed or will remain in office. The Court will also need to determine the meaning of the “serious violation” of the Constitution, in the absence of a constitutional and legal definition. What will happen after the ruling is quite uncertain as well. Different scenarios might work, while the whole process will be a remarkable political and legal challenge. SUMMARY On 9 June 2021, the Parliament of the Republic of Albania impeached President Ilir Meta.1 This is the second time the Socialist Party attempts to dismiss the President; in 2019, MPs from the Socialist Party accused President Meta of violating the Constitution by cancelling local elections, and an Inquiry Commission was established to investigate and report on its findings. Before issuing its report, the Inquiry Commission requested an opinion from the Venice Commission. The Commission concluded that although the President had exceeded his constitutional competences by cancelling local elections, his violations may not meet the established criteria for an impeachment.2 This time, the allegations are not related to any concrete legal act issued by the President. Instead, the accusations refer to the President’s various statements made prior to and during the general elections. 104 out of 122 MPs voted in favour of the President’s dismissal. 3 The latter denied all accusations, insisting on the lack of legitimacy of the Parliament to do so.4 On 14 June 2021, the Parliament forwarded its decision to the Constitutional Court, which shall rule on the impeachment, within 3 months. While it is clear that the Constitutional Court may either rule against the impeachment, or 1 U.S.News, “Albanian Parliament Impeaches President for Vote Comments”, 9 June 2021, at https://www.usnews.com/news/ world/articles/2021-06-09/albanian-parliament-impeaches-president-for-vote-comments 2 Venice Commission Opinion, 14 October 2019, at https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL- AD(2019)019-e 3 U.S.News, “Albanian Parliament Impeaches President for Vote Comments”, 9 June 2021, at https://www.usnews.com/news/ world/articles/2021-06-09/albanian-parliament-impeaches-president-for-vote-comments 4 In February, 2019, MPs from the Democratic Party and the Socialist Movement for Integration gave up their mandates, while trying to overthrow the government. Until then, the Parliament has been functioning with 122 out of 140 MPs, whereas the absolute majority are supporters of the Socialist Party. The President and his supporters claim that such composition of the Parliament leaves the latter with no political or moral legitimacy to initiate the dismissal. Moreover, Meta argues that the current Parliament is in a post-election transition period, with its mandate ending in September 2021, which is why it is not eligible to conduct any investigation activities. Albania: Impeachment of the President, subject to the meaning of “Serious Violation” dismiss the President, what happens after remains quite unsure. Also, the Constitutional Court will have to work with unclear constitutional and legal provisions. For instance, there is no definition of the “serious violation” of the Constitution for which the President can be dismissed. In absence of such provisions, the Constitutional Court may seek the opinion of the Venice Commission before ruling. The Constitutional Court will either have to work intensely and rule as soon as possible, or everything will be delayed until September. Considering all circumstances, the second option seems more probable. However, the issue is that if Ilir Meta is still President when the new Parliament is constituted in September, he will have to mandate the candidate for the formation of the new government, Edi Rama. This will surely be an unfavourable situation for both parties, following the impeachment, and new political crises may ensue. It appears that the dismissal of President Meta will be a quite lengthy process with an uncertain ending. This would be a result of the: lack of constitutional and legal clarity, and lack of precedents to rely on, as this is the first case to happen in Albania since the fall of communism. Hence, various interpretations, debates, analyses, and recommendations are already being brought up, as everyone eagerly awaits to see how this process will unfold. A BRIEF BACKGROUND TO THE STORY The pre-election period in Albania was quite hectic. Just two days prior to the elections, the leader of the Socialist Party and Prime minister in Office Edi Rama, announced that they would initiate the impeachment of President Meta, if he would not resign after the elections.5 Weeks before, the President had promised his resignation himself, if Edi Rama would win 71 mandates.6 Yet, although Rama won 74 mandates, Meta refused to resign, claiming that the votes were manipulated. This is not the first time President Meta throws such accusations against Rama. Prior to the election, he had even threatened that the people would take the streets if Rama attempted to manipulate the elections. In the end, the Socialist Party (SP) won the elections, and, once again, secured 74 seats in the Parliament, while the results were quite different for the opposition. 5 Gazetaexpress, “Edi Rama paralajmëron lëvizjen e radhës ndaj presidentit Meta: Ka dy skenarë” [Edi Rama warns the next move against president Meta: There are two scenarios], 23 April 2021, at https://www.gazetaexpress.com/edi-rama-paralajmeron- levizjen-e-radhes-ndaj-presidentit-meta-ka-dy-skenare/ 6 BalkanWeb “Ilir Meta: Jap dorëheqjen më 26 prill, nëse Edi Rama fiton 71 mandate pa prekur votat!” [Ilir Meta: I will resign on 26 April, if Edi Rama wins 71 mandates without interfering with the votes!], 1 March 2021, at https://www.balkanweb.com/ilir-meta- jap-doreheqjen-me-26-prill-nese-edi-rama-fiton-71-mandate-pa-prekur-votat/ 2 Albania: Impeachment of the President, subject to the meaning of “Serious Violation” 80 70 74 Seats 74 Seats 60 50 59 Seats 40 43 Seats 30 20 19 Seats 10 1Seat 4 Seats 3 Seats 0 2017 2021 SP (Socialist Party) DP (Democratic Party) SMI (Socialist Movement for Integration) SDP (Socialist Democratic Party) On 30 April, a few days after winning the elections, the Socialist Party submitted a request to the Parliament to initiate the impeachment of President Meta. They claimed that Meta made politically biased statements, prior to and during the election campaign. They accused him of inciting violence and therefore, violating the Constitution.7 To investigate President Meta’s actions, the Parliament established an Inquiry Commission which – as many expected – concluded that the President had seriously violated the Constitution, and proposed his dismissal.8 Among others, the Commission states that “[..] the President has acted in contradiction with his role and constitutional functions as the head of the State and as the representative of national unity.”9 Taking into account such violations, the Commission also concluded that Meta “cannot continue to exercise his role as President”.10 Hence, on 9 June 2021, the Parliament approved the Commission’s report and impeached the President of the Republic. Unless he resigns from the position, Ilir Meta will continue to act as President, while waiting for the ruling of the Constitutional Court. 7 AA “Partia Socialiste kërkesë Kuvendit të Shqipërisë për shkarkimin e presidentit Meta” [The Socialist Party requests the Parliament of Albania to impeach President Meta], 3 May 2021, at https://www.aa.com.tr/sq/ballkani/partia-socialiste-k%C3%ABrkes%C3%AB- kuvendit-t%C3%AB-shqip%C3%ABris%C3%AB-p%C3%ABr-shkarkimin-e-presidentit-meta/2228103 8 Final Report of the Investigative Commission, May 2021, at https://www.parlament.al/Files/Lajme/Dokument/RAPORT%20 P%C3%8BRFUNDIMTAR%20I%20KOMISIONIT%20HETIMOR.pdf 9 Ibid. 10 Ibid. 3 Albania: Impeachment of the President, subject to the meaning of “Serious Violation” PROCEDURE FOR THE DISMISSAL OF THE PRESIDENT The procedure for the dismissal of the President of the Republic of Albania is established by: 1. ARTICLE 88 (2) (3) of the Constitution11 2. ARTICLES 109 and 112 of the Rules of Procedures of the Parliament12 and 3. ARTICLES 61-63 of the Law on the Organization and Functioning of the Constitutional Court in Albania.13 The procedure for the dismissal of the President flows through the stages presented below. The first step is the MPs’ request for the impeachment of the President. The procedure continues in the Parliament which, upon voting on the impeachment, transfers the case to the Constitutional Court. If it decides to continue with the judicial review of the case, the Court shall then rule on the impeachment. The impeachment should receive the majority of the votes, which is 7 out of a total of 9 judges.14 However, in the case at hand, the Constitutional Court is in the process of hiring new judges to complete its composition. Meanwhile, the Court functions with only 7 judges in its composition, so 5 votes will be needed for the dismissal.15 11 Constitution of the Republic of Albania, at: http://www.pp.gov.al/web/kushtetuta_2016_1082.pdf 12 Rules of Procedure of the Parliament of the Republic of Albania, at: https://www.parlament.al/Files/sKuvendi/rregullorja.pdf 13 Law on the Organization and Functioning of the Constitutional Court of Albania, at: http://www.gjk.gov.al/web/ligj_per_ organizimin_dhe_funksionimin_e_gjykates_kushtetuese_2016_1667.pdf 14 Law on the Organization and Functioning of the Constitutional Court, Article 72 (2) 15 One judge in 2018, and another one in 2019, were dismissed from the Constitutional Court, leaving the latter with only 7 judges.
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