Absurdity of Inquiry Committee for Dismissing the President
By Ervis Iljazaj
Albanian Daily News
Published July 9, 2019
The initiative of dismissing the President of the Republic in all democratic countries, whether parliamentary or presidential republic, is considered an extraordinary act, an extreme moment when there is no other way and the dismissal is the only way to save national interests.
For this reason, all the constitutions of the democratic countries, even the Albanian one, provide for that the dismissal of the President is done only for "serious violations" of the Constitution, or when the President has committed a crime.
Therefore, the Constitution provides for a complicated procedure to take such an initiative. Because, dismissing the head of state is not a simple thing or a political game, but it is a very serious matter and that requires all the conditions foreseen to do that, which are certainly extreme conditions.
Parliament approved yesterday the establishment of the Parliamentary Inquiry Committee on this issue, which will investigate it for three months.
Why does the Albanian Constitution provide for the establishment of an Inquiry Committee in these cases?
What is the logic of this committee?
Can an Inquiry Committee investigate the violation of the Constitution?
Undoubtedly! The constitutionality or not of an act is not investigated, but adjudicated, let alone when there is no need for three months to adjudicate an act or a decree either. Only criminal offenses are investigated. This is the logic of the philosophy of law. Because the investigation takes time, it requires facts and evidence of possible criminal offenses.
The Constitution of Albania provides for the establishment of the Inquiry Committee precisely because this dismissal is made only when the President commits a crime or a national betrayal which needs to be investigated.
The anti-constitutionality and the "grave violation" of the Constitution are two totally contradictory things, and this concept should be well explained to the public as well as to the members of the ruling majority, who apparently read the norms of the Constitution and can't understand their ration.
The European and American constitutionalist doctrines consider the "grave violation" of the Constitution, which is a condition for the dismissal of the President, except committing a crime, acting as a national betrayal, selling territory or cooperating with national enemies against national interests. And all of this, must have been done intentionally. Exactly to investigate all these actions is foreseen the establishment of the Parliamentary Inquiry Committee.
Which of these acts did Ilir Meta commit with the decree of cancellation of June 30?
What criminal offenses, conducted on purpose by the President, will investigate the Parliamentary Inquiry Committee?
The only argument the ruling majority submits to the President's dismissal initiative is that the latter has removed the right of citizens to express their sovereignty through elections. This is also an argument that does not stand. Because the President decreed another election date, which is October 13, where Albanians could express themselves by vote and did not leave the country without a date of election, arguing with constitutional arguments his actions, whether right or wrong.
All precedents in democratic countries in these cases, especially in the United States, have been committed for criminal offenses. The most famous case is President Nixon's accusation of unlawful interceptions of the electoral campaigning of his opponent. The US Congress initiated the impeachment procedure, but Nixon resigned.
To dismiss a President, the violation of the Constitution is not enough, but a crime should have been committed or a "grave violation" that violates national interests.
But, even if the decree on the cancellation of June 30 is unconstitutional, although this can only be decided by the Constitutional Court, it certainly does not constitute a "grave violation" of the Constitution.
There is no condition in this act to consider it a criminal offense or "grave violation" of the Constitution.
Therefore, the rush of the ruling majority to take such an action has no constitutional reason, but only the reason for capturing even the last institution in the semi-constitutional Albanian order that can control this government.