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'Trouble' with the files / Three proposals, but none open them completely

2022-09-28 20:22:03Fokus SHKRUAR NGA REDAKSIA VOX
'Trouble' with the files / Three proposals, but none open them
Illustrative photo

Three proposals for the opening of files have been officially filed in the Assembly. The first is that of the socialists, that of Enkelejd Alibeaj on behalf of the Democratic Party and the one submitted this Wednesday by Oerd Bylykbashi on behalf of the Democratic Party.

All three proposals have been accompanied by respective statements on why they should be voted on by the Assembly, in the name of transparency about the past and the exclusion of former employees of the state security and former high officials of the communist regime from the right to be elected and public offices.

But the truth is that none of the proposals fully achieves the goals for which they are trumpeted. The proposal of the socialists is the reappointment of the politicians who have been provided with a certificate of purity from the 'Mezini' and 'Bezhani' commissions and the prohibition of their election and appointment to high positions.

Alibeaj's proposal requires the complete opening of files for everyone, but it is not accompanied by penalties for those who appear to be former collaborators of the State security, or high officials of the former communist regime. Ironically, the same proposal has between the lines the banning of films from the communist era.

Meanwhile, Berisha's proposal is essentially a return to lustration, which started at the end of the 2005-2009 mandate of the former Prime Minister, but which was overturned by the Constitutional Court as unconstitutional. Berisha's initiative aims to open the files only for those who appear in them, i.e. for their collaborators and victims.

This initiative provides for the prohibition of the candidacy or the election of a person who appears to be an associate of the State Security.

In all three variants, intervention in other laws is needed, even constitutional changes may be required based on the proposals. The laws that should be intervened are the Electoral Code and the one on decriminalization.

The only one that has an unofficial draft to intervene in decriminalization is the Socialist Party. However, the proposal of the socialists has not been formalized in the Assembly. The unofficial version of the SP, on former employees of the state security, also prohibits those declared non grata by partner countries from the right to vote.

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