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2026-10-29 16:32:00Pikëpamje SHKRUAR NGA NGA YLLI MANJANI

Why should the Governor of the Bank of Albania have more immunity than any other state official?! What makes this function so special that arresting or searching his residence requires authorization from the Constitutional Court?!

The argument used is the independence of the Central Bank. And here begins the confusion, intentional or not, of two completely different concepts: the independence of the institution from politics and the immunity of the leader from justice.

The Bank of Albania should be independent. This is beyond any discussion. The Governor should not be dismissed because the government does not like the monetary policy he is pursuing. He should not be forced to lower interest rates for electoral interests, nor to finance government policies against economic logic.

For this reason, the law must guarantee a stable mandate, protection from arbitrary dismissal, and complete freedom in professional decision-making.

But what does this have to do with arrest for corruption, money laundering or any other criminal offense?!

Independence from government cannot be translated into independence from criminal law. Much less into a procedural privilege that the vast majority of other public officials do not enjoy.

In most democratic countries, governors enjoy strong functional guarantees, but not blanket criminal immunity. Even the European model specifically protects the governor's mandate and decision-making independence, not his personal inviolability.

In fact, in the European Union there have been cases where governors have been investigated for corruption. European justice has protected the independence of the function, but has not declared criminal immunity for the person who exercises it.

So, why does Albania need to invent such a special standard?! Why is our governor the "mother" of European finance?!  

Come on!

Following the logic advocated by proponents of super immunity, the problem becomes even more serious when the authority to arrest or control the Governor is entrusted to the Constitutional Court.

Wow! What a reversal of logic!

Since when has the Constitutional Court become a court of preliminary investigations?! What is the constitutional logic that removes the Governor from the usual jurisdiction of judicial control and places him under a special procedure?!

And, above all, why should the silence of this court within a certain deadline be considered a refusal of authorization?! So, a person can benefit from procedural protection not from a reasoned judicial decision, but simply from the lack of a decision!

This logic deserves a much more serious explanation than the repetition of the word independence.

In a Republic, public officials may have different powers, different mandates and different guarantees for the exercise of their duties. But every privilege before the law must have an objective, necessary and proportionate reason.

The importance of the duty is not a sufficient argument for immunity. Otherwise, we would have to accept that the more important the official is, the greater the obstacles to investigating him should be. This would subvert the logic of public accountability.

The greater the power an official wields, the greater his responsibility before the law should be, not his distance from the law. This is the logic.

So I don't understand why Parliament overturns an entire logic to legitimize an absurd exemption. The question for Parliament is what the Constitution, the law, and judicial control do not guarantee today for the independence of the Governor, that we needed a new personal immunity?!

If the problem is protection from political interference, let's strengthen the guarantees of the Bank's independence. If the problem is possible abuse of the prosecution, judicial control over the prosecution should be strengthened. We have been saying this for a long time. The independent court should be strengthened not only for the governor but for all citizens.

This is the duty of Parliament!!!

There is no reason for a general problem of justice to be solved by creating a privilege for a single official.

The republic needs independent institutions, not untouchable people.

In this case, the independence of the Bank of Albania is a guarantee for citizens. It should not turn into a personal guarantee of the Governor in the face of justice.

It would be a fatal mistake if Parliament, which is failing to help create impartial courts, were to enact special laws, like the governor's, to bypass them.


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Klodian Tomorri / 2026-10-27 11:52:06Point of Views

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