The head of the DP parliamentary group, Gazment Bardhi, has reacted after the enactment of the law on magistrates' salaries, which was voted on yesterday evening in the Assembly.
In a post on social media, Bardhi says that something like this does not come as a surprise at all, while
REACTION:
No surprises from the Parliament building guard, Bajram Begaj!
Within 24 hours, without visibly exercising his constitutional role as guarantor of the Constitution and as an institutional balancing factor, President Bajram Begaj decreed the promulgation of the law on the status of magistrates.
The issue is not simply about the salaries of magistrates. It is about a law that directly affects the constitutional architecture of the state, the independence of the judiciary and the relationship between the powers, especially the role of the Constitutional Court in guaranteeing the constitutional functioning of institutions.
The Constitution has conceived the President of the Republic as a figure above the parties, with an important role in maintaining institutional balance and in dealing with constitutional crises. Precisely for this reason, in moments of clashes between institutions, citizens expect from the President clear positions and the full exercise of the powers granted to him by the Constitution.
The Assembly's disregard of the Constitutional Court's decisions, if confirmed, cannot be reduced to a technical debate on judges' salaries. Equally serious is the situation created by the delays in their financial treatment. These issues require solutions in accordance with the Constitution, not an escalation of the inter-institutional conflict.
In this situation, the enactment of the law without a public stance by the President on the institutional clash and on the implementation of the decisions of the Constitutional Court raises serious questions about the way in which his constitutional role is being exercised. The Constitution has given him a much more important role: to be above the parties and to guarantee the constitutional functioning of the state.
Unfortunately, the President of the Republic is no longer perceived as an arbiter and guarantor of constitutional balance, but as an institution that simply formalizes majority decision-making.
The institution of the President is not the Treasury Director nor the guard of the Parliament building. Bajram Begaj is.
