Lawyer Ylli Manjani, through a Facebook post , criticized the justice reform, calling the permanent freezing of the courts and the special prosecutor's office a fundamental constitutional error.
According to him, the inclusion of special structures, as well as temporary concepts such as " corruption " and " organized crime ", in the text of the Constitution has created a permanent state of emergency and has violated the principles of due process.
Manjani emphasizes that this approach has no connection with European standards of the rule of law and requires a review, even a rewriting, of the Constitution to return Albanian justice to constitutional normality.
Ylli Manjani's reaction:
We must admit that permanently freezing the court and the special prosecutor's office was a mistake.
Those who say this will get us into Europe are doing it in vain.
Nowhere in Europe, Asia, America, Australia, Oceania, or Africa will you find a constitution that has special courts or prosecutors in its text.
Nowhere will you find a constitution that contains the words "corruption" and "organized crime" in its text.
The reason is that these are matters of daily and temporary state affairs. They are tools that are used under certain conditions, according to need, and only for a short time. Therefore, there is no way they can be part of the constitutions.
We, as the most special country that we are, invent and experiment to the point of state and social suicide.
Edi Rama is demanding today, not without argument, to stop the abusive attack of special structures on both human freedoms and public finances. I completely agree, but the evil is frozen in the most amateurish way possible in the fundamental law of the state. This must be accepted as a start.
The amateur mistake must be acknowledged and the situation must be returned to normal with the constitutional abrogation of all those provisions that make the special status permanent.
The special remains so with a special law and always with a deadline. Otherwise, the state is in a permanent state of emergency. Look at the post-reform state, always on artificial alert due to the special constitutional organization, against the ordinary....
Today we have the Special Republic of Albania, where everything special is legal!!!
We have constitutional horror.
This thing needs to be overturned, people.
In any case, with or without interference in the constitution, there CANNOT be special courts and trials!
These courts and trials are death penalty centers, without trial or due process!!!
The law for these special courts and trials is simply a legalization of punishment without facts.
This has nothing to do with the European Union of continental written law that we know, nor with the Anglo-Saxon constitutionalism of precedent.
What we have done is Bolshevism with a touch of democracy. The latter (so to speak) is being thrown by the Western bureaucracy to create a lawless punishment center for Albanians who cannot be convicted there with proper trials and processes.
This reality has been and remains unacceptable. We want to enter Europe precisely for due process and the rule of justice because with punishment we have 110 years of state that we have among us.
Therefore, a real reform begins with the review, if not the rewriting, of the Constitution.
We don't have to go around this conversation at all.