Legal initiative proposed by SP/Manja: Does not violate the independence of the justice system

2026-02-16 09:22:00, Politikë CNA

Legal initiative proposed by SP/Manja: Does not violate the independence of the

The Chairman of the Laws Committee, Ulsi Manja, presented at the meeting of the Socialist Party Parliamentary Group the legal initiative proposed by this political force for amendments to the Criminal Procedure Code.

Manja emphasized during his speech that the proposed changes do not limit the powers of the prosecution and the court and do not violate the independence of justice.

He also stated that this legal initiative does not affect coercive measures and does not change the criteria for their application.

"What was the purpose of the draft law? Guaranteeing the normal functioning of the highest state institutions while preserving the established powers of the prosecution. The amendment does not aim to limit criminal jurisdiction nor create individual immunity."

I want to make the distinction between the measures clear. It is important to note that the Criminal Procedure Code makes a clear distinction between coercive measures and prohibitive measures. Coercive measures are personal security measures that limit the physical freedom of an individual. These measures affect personal freedom and are imposed only by court decision. Prohibitive measures have a functional character and consist of the suspension of the exercise of a public duty or service. They directly affect the exercise of a state function.

The change we propose does not affect the structure of coercive measures, does not change the criteria for their application and does not affect the court's competence to impose them according to the law. The intervention we propose is procedural in nature and does not constitute an extension of the constitutional immunity of officials. We do not affect the constitutional provisions regulating immunity. The subjects we include in this change remain subject to investigation. The courts retain the competence to impose personal security measures. The principle of proportionality is respected, as it only regulates the manner of applying a certain measure to functions of the constitutional level. As the Venice Commission has held, suspension from office is an indirect intervention of the judicial power in other powers, which leads to a defacto dismissal of a public official. The draft law does not affect the independence of the prosecution and the courts. Criminal prosecution or criminal trial is not affected. The justice bodies continue to exercise their rights in accordance with the constitution.

The main pillars of the state in Albania start with the members of the Parliament, the President, the Ombudsman, the Prime Minister, the Deputy Prime Minister and the ministers, the members of the Constitutional Court and the Supreme Audit Office. These are the bearers of these institutions that we have foreseen not to be suspended by the courts, in our initiative. The change that we propose does not expand constitutional immunity, does not violate the independence of the judiciary and does not limit the powers of the prosecution and the court. We will request that it be introduced into parliamentary procedure, with consideration initially in the Committees and then in the Assembly", said Manja. /CNA