I don't know Petrit Malaj as a person. I have no particular idea of what he is like as a minister, how well or how badly he has done his job. But I have no doubt about one thing: regarding his resistance to not allowing the State Treasury to be accessed at the whim of judges and prosecutors, I am with Petrit Malaj.
For two weeks now, Albania has been witnessing a reaction that has nothing in common with the normal functioning of a constitutional state. An entire government has abandoned its constitutional role and has transformed itself into a union that makes decisions for its own interest. This is not justice. This is institutional unionism.
The State Treasury is not the safe of a government. It is the institution where payments ordered by law are executed. Precisely the law. Not decisions that stem from the interest of those who make them. In a normal state, no one gives themselves the right to order public payments outside the legal mechanism. Much less the government that should be the arbiter of the law. Even the famous decision number 15 of the Constitutional Court becomes enforceable only after it is recognized by the law and not by the anti-constitutional justice union.
What is happening is unprecedented. The court makes a decision to tell the Minister of Finance: open the Treasury and pay according to our decision. The executive is practically asked to hand over the keys to the state treasury to another power, without a law of Parliament. This is not a check and balance of powers. This is robbing the constitutional competence of another body, with the aim of robbing the state treasury.
In thirty-four years of working with the law, I have not seen such a situation. I may have seen wrong decisions, questionable interpretations, even abuses. But for a government to use its authority to decide on its own salary and then demand the execution of this decision by force, this is an event of extraordinary proportions.
Yes, cynically, the expression comes to mind: “Those who made this reform, let them see the good.” Because the reform that promised justice is producing a justice system that behaves like a privileged corporation. But cynicism is not enough. Before it lies the obligation to protect the constitutional order.
I know that formalists will emerge. Those who will say that every court decision must be implemented blindly. But the question is much more serious: what happens when a government uses its authority to decide recklessly for its own pocket? What happens when that same government is not held accountable anywhere for the delays, for the service it does not provide, for the files that drag on, for the citizens who wait years for a decision?
The rule of law does not mean the rule of one power over others. It means that each power remains within the limits set by the Constitution.
Public salaries are not set by unions. They are not set by the court for itself. They are set by law. And the Treasury does not pay according to anyone's wishes; it pays according to the law.
Most worrying is the threat of criminal prosecution against the minister who refuses to act outside the law. Here the conflict is no longer about salaries. It is about the state itself.
Let's take this absurd logic to the end. Let's assume that the justice union investigates the minister. Arrests him. Sentences him. With which police force will it implement the decision? With the State Police, which is part of the executive? In which prison will it take him? Who will execute a decision made in a state of war between the powers?
This is the path towards an institutional clash that is unheard of in any democratic state model.
Therefore, I am unequivocal in my support of Petrit Malaj's resistant stance. Not because I defend the minister. Not because I defend the government. But because I defend a principle much greater than names: The State Treasury cannot be held hostage by anyone, neither by politics nor by justice.
If today we accept that a power can order payments for itself, tomorrow we will no longer have the separation of powers. We will have a power that judges, decides, orders payment, and threatens anyone who disobeys with criminal penalties.
Worse still, we will have a state in financial chaos. Not even in the state of Sudan has this chaos occurred that suggests a unionist government of justice.
This is not the rule of law.
This is unconstitutional union rule over the state. It is an unconstitutionality that no court can determine has caused it!