
The last meeting of the Committee on Internal Affairs and Defense highlighted the clash between Chairman Bledi Çuçi and the Minister of Justice, Besfort Lamallari, after the latter presented details of the draft law for the creation of a new agency to oversee the system of Execution of Criminal Decisions.
The Minister of Justice argued that since he holds political responsibility for prisons, he should have a role in appointing the agency's director. Çuçi rejected the Ministry of Justice's argument that the proposed changes would dilute the minister's power or control over the agency, considering the arguments untrue.
On the other hand, Lamallari emphasized that this is the “government’s concern,” underlining that the Ministry of Justice has reconfirmed the position of the Council of Ministers. In the end, the draft law on the agency passed, according to the instructions of the head of the committee, who considered it a “past” and “exhausted” debate. The new agency is expected to be a key link in the penitentiary system.
Bledi Çuçi: The only thing that has not been agreed upon and that I have been told by the Assembly and committee advisors regarding the agreement is simply the method of appointing the agency's director. The others are all exhausted, because the impression was left as if you do not accept any of the suggestions of the consolidated variant. So, apart from the fact of how the director is appointed, for the rest, do you as a minister agree with the variant that has been agreed upon with your representatives of the Ministry of Justice, or not?
Besfort Lamallari: Up until this point in our discussion, we agree, excluding the appointment part, and this has been the position of the minister's representatives in the working group.
Bledi Çuçi: You brought up the argument that the minister's power of control, or the responsibility that the minister has in relation to the agency, is decreasing, which is absolutely not true because this power is given to him by law, and the pyramid that has been built indisputably, from the lowest prison employee to the minister, and the way in which the director is named does not give power, but the set of competencies that each person has according to the hierarchy in the system of the Ministry of Justice. The political responsibility that the minister has is exercised 100 percent based on the law and the legal and sub-legal acts that he has at his disposal, but the only thing is to unify all the naming systems of agencies of this nature in the Republic of Albania. There cannot be a head of an institution appointed without a proposer for the appointing body, and the minister-prime minister binomial is the best binomial, and the filter for the head of the agency is made by the minister, the one who proposes is the filter for the person who will be appointed as the head of the institution.
Besfort Lamallari: My intervention was only for the purpose of transparency. The working group representing the Ministry of Justice did not express agreement on this matter, standing by the arguments they have forwarded, taking into account other laws that are in force today. The position of the representatives of the Ministry of Justice reconfirms the position of the Council of Ministers that has previously reviewed this act, and stands by this version. The government's position is the same as yesterday when the draft was forwarded, as today that I am defending it here.
Bledi Çuçi: There are entire agencies that are under the authority of either the Prime Minister or the Council of Ministers. But in this specific case, the standard is important, we must bring those that are outside the standard towards the standard, not undo the standard. But the concern that you have that the power or control, or the responsibility that the minister's power has over the agency is fading does not hold.
Besfort Lamallari: This is not the concern of the Ministry of Justice. This is the concern of the government, the government has expressed this standard and there is no difference between yesterday and today. Whoever has been or will be the Minister of Justice, the government has expressed that this should be an attribute of the Minister of Justice.