17 June 2020 Response of the Institution of the President of the Republic on the behavior of Parliamentary Commissions in reviewing of the Decrees for the return of laws
The Committee on Economy and Finance, yesterday and today, on 16 and 17 June 2020, has reviewed and decided to overturn the three Decrees of the President of the Republic, H.E. Ilir Meta:
– The Decree of the President of the Republic no. 11486, dated 22.05.2020 “On the return of law no. 58/2020 “On the approval of the addition of the concession contract of the form ‘BOT ’(construction, usage and transferal) of a port type MBM in Porto-Romano, Durrës, approved by law no. 104/2015, between the Ministry of Infrastructure and Energy and the concession company ‘Porti MBM (Multy Buoy Mooring)’, as amended ”
– The Decree of the President of the Republic no. 11493, dated 1.06.2020 “On the return of law no. 55/2020 “On payment services”.
– The Decree of the President of the Republic no. 11504, dated 08.06.2020 “On the return of law no. 64/2020 “On an addition to law no. 92/2014, ‘On value added tax in the Republic of Albania’, as amended ”(VAT exemption for luxury vessels and yachts);
The Commission on Economy and Finance has not notified the Institution of the President of the Republic to be present at the reviewing of the Decrees, through His representatives.
This action of the Commission on Economy and Finance is repeated, especially when are reviewed Decrees on the return of laws that denounce their unconstitutionality, the violation of public and national interest, as well as the violation of state finances with special laws with a favorable effect for an assigned group of individuals.
This action of the Commission on Economy and Finance is unacceptable and contrary to the constitutional principles of transparency in the legislative process.
Deliberately, when the Decrees of the President of the Republic are reviewed, only representatives of the Government are invited to be present, who make the next promotion of the law, hiding the serious shortcomings that these new legal acts present.
These actions are aimed at misinforming the public, hiding the unconstitutionality of these laws, violating the public interest, as well as hiding the costs that will be produced by these laws, costs that will have to be paid by all Albanian citizens in the future.
The legislative process is being abused openly, in the most flagrant way possible, where the law is no longer being violated to make favors, but special laws are being made to implement them.
In legal parlance, this means “legislative corruption”, which is the most serious act of abuse of public power.
The reasons for the return of the laws with the Decree by the President of the Republic are public, and all citizens are invited to read them, as well as all the MP-s before the plenary session, to get acquainted and to understand to which subjects their “Yes” vote will go: for customs clearance of yachts and luxury vessels, or licensing of activities in the field of payment services.
The law cannot be made for one individual, nor for two. The law is addressed to the whole of society and all must be equal before it. If the law is used to create a protecting umbrella from criminal responsibility and decision-makings in sensitive areas, then the Assembly is no longer looking after the public good, but for the interests of a group of people directly linked to the parliamentary majority.
The legislative process and clientelist interests cannot lead to obscure paths the European integration process.
We call on the Special Anti-Corruption Prosecutor’s Office (SPAK) to launch an investigation into all procedures for proposing and reviewing these laws to bring to justice the perpetrators, who through law want to fulfill their favorable clientelistic goals.
Attached are the links of the official website of the Institution of the President of the Republic, where the decrees and reasons for the return of the laws have been published: