In the first week of June, the elected mayor of Himara, Fredi Beleri, was elected as a member of the European Parliament with about 237,000 votes, ranking fourth in the list of 7 winners who ran under the banner of the ruling party in Greece, " New Democracy".
In an ordinary situation, he would have celebrated his next political victory. But the arrest and subsequent two-year prison sentence for buying votes in the local election campaign a year ago in Albania did not allow him to do so. From the moment of his handcuffing and continuing, Beleri has opposed the charges that the prosecution brought against him, considering this a political process and has appealed the decision. But even the Special Court of Appeal has decided to leave him in prison.
Court proceedings, obstacle for EP
Based on the judicial situation in Albania, it seems that the issue is complicated when it comes to the exercise of his functions as an MEP. For Mechtild Roos, lecturer at the University of Augsburg in Germany, expert on European Studies and especially the European Parliament, Beleri will find it almost impossible to exercise his duties as a member of the European Parliament.
"Mr. Beleri cannot properly exercise his mandate, as long as he is in prison. He cannot give speeches or vote in plenary sessions, in meetings with the party he represents or the committees. He will also have a hard time to be voted for any significant role such as vice-chairman, rapporteur, etc., nor can he take any seat on the committee, which he might be most interested in, simply because he is not present when these roles are distributed among the group members his" - says Dr. Roos to Deutsche Welle. According to her, the party that included Beler in the list of candidates, "New Democracy", is a member of the European People's Party in the European Parliament, the largest political grouping in the EP, among to whom there are many contenders for important roles and positions. "An absent and convicted MEP has almost no chance of being given any meaningful role or post until he is released. Therefore, at best he will be informally informed about developments within the European Parliament and only after he has completed his sentence he will be able to properly exercise his mandate - at the point when the Parliament will be on the normal functioning agenda..." - argues the expert Roos.
Why did "New Democracy" choose a candidate like Beleri to be represented in the European Parliament, knowing these institutional deadlocks of the Union?
For Nikolaos Tzifakis, professor of International Relations at the University of Peloponnese in Greece, an expert on the EU and contemporary Western Balkans politics, Beler's candidacy was made for several reasons: "The candidacy meant a kind of symbolic victory in what seemed to be a a lost battle. While Greece could not influence the judicial proceedings in Albania, the Greek people were able to give their moral support to Beler and his cause. However, it remains to be seen whether the decision of the 'New Democracy' it will serve the interests of the residents of Himara, who have voted for Beler as their mayor," Tzifakis told DW.
The final decision given by the Albanian Special Court of Appeal "sealed" Beler's stay in the cell until October, which means that he will not be able to participate in the first plenary session held in Strasbourg in July, the city where he cannot be sworn in as a member of the European Parliament, but where he sued Albania in the European Court of Human Rights, news which he announced immediately after the Appeal decision.
The precedents
Beleri was not the only candidate for MEP in the European Parliament, who was waiting for the results behind bars. According to the expert Roos, another case and - similarly politicized - was that of the Italian Ilaria Salis, candidate of the "Alliance of Greens and Left", imprisoned in Hungary for about a year, under the accusation of having attacked two neo-extremists -Nazis. But in the case of Salis, the release from the cell was postponed because Hungary is a member state of the EU and based on European laws, the elected MEP gives someone immunity from legal proceedings in other countries of the Union.
"To some extent, the case of Eva Kailit is also to be taken into consideration when we talk about the consequences that Mr. Beleri's imprisonment will have on his mandate as an MEP: even though Kaili was imprisoned while exercising her mandate as a MEP and illegal actions during the exercise of this mandate, she had many consequences in the further exercise of her duties, being deprived of the position of the Vice-President of the European Parliament and the opportunity to participate in the daily policy-making activities in the EP" - argues Roos.
What happens next between Albania and Greece?
"Beleri is expected to closely follow the developments with Albania" - says the expert Tzifakis. According to him, there is nothing new or unusual in this matter. "Many other Greek MEPs, such as Manolis Kefalogiannis, have practiced it before this role. Without a doubt, the Greek MEPs will be among the great supporters of Albania's membership in the EU, if Tirana adheres to the reforms requested by the EU" - he emphasizes.
But if in relation to Greece's approach to Albania's membership, Tzifakis is optimistic, his analysis is quite different when it comes to the relations between the two countries, bringing the issue of the maritime border back to attention. "The level of trust between the two countries is very low. Athens is not only convinced that the Beleri trials were unfair due to a series of procedural inconsistencies. But Greece is also upset by the lack of progress in referring the border demarcation dispute sailors at the International Court of Justice. Athens seriously doubts Edi Rama's commitment to resolving bilateral disputes and improving neighboring relations" - Tzifakis concludes his analysis.