IBNA Op-Ed/ Eduard Halimi, MP of the Democratic Party in the Albanian Assembly, former Minister of Justice of Albania writes: “Political revenge has blinded the new prime minister Edi Rama, who is breaching the Constitution of the country and the constitutional rights of Albanian people on a daily basis. Through the concessionary agreements approved by the Albanian government, Albanian business has won a legal and constitutional right which guarantees lawful security in a democratic country. These rights cannot be ignored, denied or breached; otherwise the constitutional principle of lawful security is breached”
By Eduard Halimi
Member of the Albanian Parliament
Like his words today and his acts for two weeks in a row have proven, Prime Minister and head of the Socialist Party, Edi Rama is annulling concessionary agreements of the business sector, thus directly breaching the Constitution of the country, the foundations of the rule of law, economy of the country, business and all the Albanian citizens.
Through the concessionary agreements approved by the Albanian government, Albanian business has won a legal and constitutional right which guarantees lawful security in a democratic country. These rights cannot be ignored, denied or breached, otherwise the constitutional principle of lawful security is breached
But Edi Rama, blinded by primitive revenge is in flagrant breach of the Constitution of the country, of the rights of the Albanian business, by denying to them the principle of lawful security, the main pillar where the constitution of the country and rule of law in a parliamentary republic are based on.
According to the Constitution of the country, the law consists on the basis and the borders of the state actions. Freedom, rights, properties earned by Albanian citizens cannot be touched and this is sanctioned by article 41 and 42 of the Constitution of the country.
Restrictions of the rights that are won can only be restricted by law and must not breach the principles of the European Convention of Human Rights.
Political will or personal desires of an individual clad with public power, primitive revenge, cannot consist on a basis to exert public activity and to destroy the existence of the rule of law.
The principle of the rule of law where a democratic state is based on, means avoiding arbitrary acts, guaranteeing human dignity, justice and lawful security of Albanian citizens.
The guaranteeing of lawful security, as a right which has been earned has been dealt with no less than 5 times by the Constitutional Court of the country in the past 10 years. This court has clearly stated in at least 5 of its rulings that (I quote): Lawful security is one of the essential elements of the rule of law.
This security presumes the trust of the people on the state and inability to change laws of acts of the government for regulated relations. Trust relates with the fact that the citizen must not worry about changeability and negative consequences of the government acts which threaten and deteriorate a situation established by previous acts. If these measures lead to an unreasonable deterioration of the legal state of persons, if they deny the rights that have been earned or ignore their legitimate interests, then the constitutional principle of lawful security will be violated, which in itself is an adequate basis for the declaration of a law or a government decision as anti-constitutional”, says the Constitutional Court.
And the Court Rulings have obligatory powers, including the prime minister and the ministers.
These rulings are final.
The annulment of concessionary agreements which is being done by the blindness of the primitive revenge of Edi Rama is entirely against the Constitution of the country and at least 5 rulings of the Constitutional Court, let alone tens of rulings of the European Court of Human Rights, rulings which defend the Constitution, rule of law, lawful security, economy of the country, the business and citizens from the blind arbitrariness of a revengeful policy.
These rulings have one scope: To guarantee human dignity, justice and lawful security for Albanian citizens.
Anti-constitutional annulment of concessionary agreements is shaking economic stability of the country, is destroying the foundations of the rule of law and is causing to the business a significant financial damage.
This anti-constitutional and unlawful damage which is being caused to the business and economy of the country, is without any doubt going to be paid based on the tens of rulings issued by the European Court of Human Rights, International Court of Arbitrage and at least 5 rulings of the Constitutional Court of the country.
But, this significant financial, anti-constitutional and unlawful damage that is being caused by Edi Rama with his arbitrariness will be paid by the state budget and not by Rama’s budget. It will be paid by Albanian citizens with their taxes, with their money, from their pockets and not from those of Edi Rama or his ministers who are breaching Constitution and the law.
Law and Constitution are equal for everyone.
Whoever breaks the law and Constitution must respond.
Primitive revenge doesn’t justify delinquents from the punishment of the law. Submission toward the anti-constitutional order of the boss doesn’t exempt nobody from criminal responsibility.
Blindness and arbitrariness which are causing a damage, will be indemnified.
The damage being caused must be guaranteed and the wealth of Rama and all of those who participate in these anti-constitutional acts would not be enough to indemnify what Edi Rama is doing and what all of those who are blindly signing his orders. Constitution, lawful security and the money of the citizens are being threatened.
The hour of justice, Constitution and the law will come for everyone.