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Press Statement
The Fight Against Corruption and Nepotism Cannot be Legitimized by
Violating the Constitution and Human Rights
Tirana, 13/02/2006
On February 10, 2006, the People’s Advocate, the Albanian Helsinki Committee,
the Albanian Human Rights Group, and the Parliamentary Studies Center, as the
Human Rights Alliance, sent to the Constitutional Court a request to: invalidate
three decisions of the Council of Ministers, no. 43, 44, and 48, dated
27.01.2006, considering that they violate fundamental human rights while being
in contravention of constitutional principles.
Before the approval of these decisions, the AHC reacted through a press
statement that suggested to the government not to approve the decisions, because
they were in contravention of the Constitution of the Republic of Albania. This
was not taken into consideration.
In terms of checks and balances of powers, Civil Society bodies and
Constitutional Institutions active in the field of human rights protection
cannot remain indifferent and reduce their identity into institutional
decoration of power.
We are public watchdogs of fundamental rights and freedoms in Albania.
Therefore, we cannot only remain within the limits of statements. For that
reason, we decided to use all institutional routes allowed by the Constitution
of the Republic of Albania. Suing the Government in the Constitutional Court
does not mean that you are going against its good intentions in the fight
against corruption and nepotism in the Albanian public administration. We have
demanded that this “fight or reform” remain within the accepted framework of
respect for fundamental human rights and freedoms, recognized by the Albanian
Constitution and international acts.
The main argument presented in our request to declare the above-mentioned
decisions as anti-constitutional is the fact that, according to article 17 of
the Constitution of the Republic of Albania, the competent body to decide the
limitation of the rights of citizens provided for in the Constitution is
the Parliament. This article says that the limitation of these rights
can only be imposed by law. This means that the Council of Ministers does
not have the right to make such illegal decisions, because the Government is
hereby assuming the competence of Parliament. As such, these decisions are
automatically anti-constitutional.
The fight against corruption and conflict of interest cannot be legitimized
through sublegal acts, which create room for selective and disproportionate
implementation. This would compromise the very praiseworthy purpose for which
they were issued.
These decisions violate the constitutional principle of legal guarantees for
employees, protected by law, and represent violations of the law “On the status
of the civil servant,” and the Labor Code. These are causes that should be
considered before one enters into employment relations and can never have
retroactive power.
In our view, these decisions also violate the Constitutional principles of
equality before the law and that of non-discrimination. The decisions of the
Council of Ministers also harm citizens’ rights for employment and guarantees
for their profession and career. These decisions are also in contravention of
the European Convention on Human Rights.
Beside the above, we are in the circumstances of a decision making process,
which sidesteps the Constitution and is done without prior consultation with
interested groups, the civil society, and human rights institutions, which would
provide critique for good governance through laws.
The press statement is signed by:
Prof.as.dr. Vasilika HYSI
Prof.as.dr. Ermir Dobjani
Executive Director
People’s Advocate
Albanian Helsinki Committee
Elsa Ballauri
Sokol Berberi
Executive Director
Executive Director
Albanian Human Rights Group Parliamentary Studies
Center
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