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2026-10-27 21:20:26Aktualitet SHKRUAR NGA REDAKSIA VOX

The government has submitted to the Parliament as its own initiative a draft law proposed by the Bank of Albania, according to which the Governor of the Bank of Albania will have immunity, limiting his arrest and other coercive measures, leaving the decision in the hands of the Parliament.

The draft law on the Bank of Albania has sparked intense debate as the proposed law raises questions about its impact on criminal investigations.

Article 72 of the draft law provides for the Governor's immunity from imprisonment or house arrest and any other coercive measure if he is accused of criminal offenses related to the exercise of his duties and functions in order to preserve independence and avoid pressures on the highest financial institution in the country.

"In Article 72, we have proposed that if the governor's arrest is requested, it must be verified whether there is substantial evidence and whether the criminal offense for which the arrest is requested is related to the duty."

It is not immunity but a guarantee provision. The reason why the governor is protected is not because he is the governor, he is protected because of the element of being able to function independently without the fear that one day some other body of power will come and prevent him from exercising his duties for one reason or another. 

"The governor as a person is not protected. We protect the institution by protecting the governor," said Holta Zaçaj, former member of the Constitutional Court, now in the role of First Deputy Governor of the Bank of Albania, writes Shqiptarja.

"If an accident happens and someone is killed on the road, he is arrested... if it is for abuse of office, he goes to the assembly... to determine if the charge is related to the exercise of his duty. If it is related to the exercise of his duty, he cannot be arrested," Zaçaj continued.

Practically, it is the assembly, which, just like in the case of deputies, will give the go-ahead for the governor's arrest or not, judging whether the criminal offense against him is related to the exercise of his duties or not.

According to the draft law, if the Governor of the Bank of Albania is accused of corruption and the Parliament assesses that the offense for which he is being tried is related to his function, the arrest cannot be carried out.


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