Former Minister of Justice, Ylli Manjani, has reacted through a post on social networks, evaluating the public stance of the GJKKO judge, Florian Kalaja, regarding the recent changes to the Criminal Code.
In his reaction, Manjani considers the critical stance of Judge Kalaja, who has raised concerns about the violation of the principle of proportionality in sentencing persons with minor roles in criminal organizations, following the changes otherwise known as the "double parking code", correct and professional.
According to Manjani, Kalaja represents a rare critical voice within the judicial system, continuously contributing to the professional debate on the quality of criminal legislation and respect for constitutional standards.
He emphasizes that the judge's public positions do not contain any political elements and are not related to specific issues in the judicial process, but constitute a valuable contribution to shaping legal thought and improving criminal justice in the country.
Ylli Manjani's post
Judge Florian Kalaja has taken a somewhat critical public stance towards the latest changes to the Criminal Code (a code that the public already knows by the nickname "double parking code").
In that public statement, Judge Kalaja argues, not without reason, the loss of the logic of proportionality in sentencing individuals of little importance in the criminal organization.
In fact, the principle of proportionality in legislation and criminal justice, where Judge Kalaja also serves, has long since fallen into the realm of illogicality and injustice.For the sake of truth, Judge Florian Kalaja is a strong voice, albeit alone within the judiciary, that reacts to this nonsense that produces criminal injustice every day in courtrooms.
His latest public stance on the changes to the Criminal Code is correct. Personally, I do not remove a single period or comma. Not a word, no. There is nothing political in that writing, as well as in every writing and public stance of His.Judge Kalaja is an outstanding contributor to critical legal thought in the professional and public arena. He has written several monographs under the topic "Constitutional Dilemmas" on various issues of criminal jurisprudence.
He has written endless articles and, to this day, is the judge who has raised more constitutional law issues before the Constitutional Court than anyone else. You can find Judge Kalaja's countless requests for incidental constitutional review in the Constitutional Court's record.
The entire documented professional and public activity of Judge Florian Kalaja is a valuable asset to jurisprudence. In quantity, his professional and public positions are perhaps greater than all the monographs written by our lawyers over the years.
The judge writes, reviews, thinks and presents his thoughts to the public.
He is not commenting on the issues he has in the process. Nor does he compromise himself with prejudicial positions on issues that may arise in the future.He has chosen to share his thoughts with the legal profession and the general public. Why not?! After all, jurisprudence is part of public life.
No other judge has developed this civic and professional responsibility like him.
We may not agree with him, but in no case can we have the right to silence a professional who presents an opinion or even a criticism of the quality of a law in public.Florian Kalaja should be respected for this approach and there is no reason to demand that his opinion be banned.
Even worse when this ban is sought to be "justified" with weak arguments like, "he has a brother, Aulon Kalan, the DP candidate for deputy."!!!
And then what?!What kind of talk is this?! Why, if you have a brother who deals with politics, should you not have an opinion or even express it?!
This is unacceptable!
I repeat, the judge is not voicing his decisions, nor is he making prejudicial comments on the issues under trial.There is nothing political in his positions. Much less, "political attacks"....
He is making a valuable contribution to shaping legal thought on fair and proportional laws. These are commendable efforts.Unfortunately, these thoughts of His are heard little or not at all, but they are undoubtedly to be welcomed.
He must be supported to continue doing this work.