INSURRECTION/ SP MPs rebel, drag Gjati to vote on territorial division!

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2026-09-27 14:27:00Pikëpamje SHKRUAR NGA YLLI MANJANI
Star Manjani

Starting tomorrow, the Special Court of First Instance will no longer have the opportunity to hold hearings on the assessment of security measures with the parties in the courtroom. After a stubborn stance, devoid of legal sense and institutional logic by the commanding head of this court, the National Chamber of Advocates has decided to escalate the reaction. No lawyer will participate in the judicial hearings on security measures in that court.

This means specifically that there will be no lawyers even in hearings where a person's freedom is decided.

Imagine the situation. A person is arrested, or a wanted person is caught. Within the legal deadline, he must appear before the court to be informed of the security measure. The court opens the session… but there is no lawyer. According to the law, without a lawyer, there is no due process. Then how will the court legitimize the restriction of a citizen's freedom? The answer, apparently, is known only by the commander-in-chief and his anti-lawyer regulation.

Maybe this was not the intention of the regulation. Maybe it was. But the result is that today, according to the laws of the Republic of Albania, a criminal trial does not take place without the presence of a lawyer when defense is mandatory. The regulation cannot change this.

The right to be defended by a lawyer is not a privilege of lawyers. It is the fundamental constitutional guarantee of due process. It is a right of the citizen vis-à-vis the state.

When a regulation imposes conditions that make the normal exercise of this right impossible, it nullifies the Constitution. With that regulation, the court begins to resemble the time of communism, when the legal profession disappeared as a profession and defense was considered an obstacle, not a guarantee.

If someone wants to change the role of the lawyer in the criminal process, they should do it by law, not by an administrative act. The law cannot be replaced by regulations, nor the Constitution by fines, disciplinary threats, or warnings of criminal prosecution against lawyers.

The legal profession will not be returned to courtrooms by force. It will only be returned when lawyers are guaranteed to practice their profession without preconditions that conflict with the law and the Constitution.

Today, the First Instance Court of Criminal Appeals is, as far as I know, the only court in Albania (it would be hard to find another in Europe) where lawyers are prevented from entering the courtrooms by Guard officers. A sight that does not suit a court, much less a court that claims the highest standards of the rule of law. Not even military courts function like this.

For the sake of truth, this regulation does not only impose restrictions on lawyers. It imposes absurd rules on judges and prosecutors as well. The difference is that they do not have the ability to collectively refuse entry to the courtroom. Lawyers do.

Therefore, this decision is not against judges or prosecutors. It is also in defense of those judges and prosecutors who, silently or openly, consider this regulation unacceptable.

The battle is not for a courthouse door. It is for the right for the law to enter that door before regulation, for reason to enter before stubbornness, for people with civil rights to enter and not captains with military epaulets.


Në përputhje me standarded JTI

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