The new Criminal Procedure Code; a diplomatic move, more than a legal one?

By Ylli Pata

Edi Rama presented today, after meeting the new U.S. ambassador, Eric Wendt, in his office, the new Criminal Procedure Code, which comes as a new reform of the justice system.

A reform that deals precisely with the repression that preventive justice has long been applying, bringing a not inconsiderable clash in the country.

Rama’s maneuver, made public in an auditorium where the leadership of the new justice system was present, came more as a diplomatic move than a legal maneuver. One that, in all likelihood, will spark polemics and clashes in the hours to come.

This whole large draft — which is in fact almost the entire Code, intervening to interrupt the abnormalities of the repression of preventive justice — comes as a text drafted by elite European jurists, from Italy and France respectively.

Who have been engaged, or allowed, by the governments of Emmanuel Macron and Giorgia Meloni. Because, being part of the staffs of the justice ministries of those European countries, they have also had the respective permission of their governments, perhaps even financial support.

Add to this the partnership of the Council of Europe, and there is created a delicate diplomatic cordon that has accompanied this entire process.

Namely, the process of launching a reform to curb SPAK’s euphoria in a frontal attack on the government.

Naturally, this is a very delicate process, which was announced today, and in all likelihood there will also be a “perfect storm” or an aggressive blitzkrieg, as has been warned on “investigative” networks.

Until the announced strong protest on October 5, tensions are expected to reach their peak, but Rama has responded politically and diplomatically.

With a maneuver that has an Italian-French co-authorship, which is nothing other than a strong alliance to ensure the strengthening of Albania’s guarantees in the EU.

Naturally, this initiative did not come without prior, difficult negotiations, which can also be seen in the conclusion reached: that with the entry into force of the new Criminal Procedure Code, there will be no retroactive effects for acts committed up to now in violation of the law once it takes effect.

Which in fact is not only a great injustice, but also a knife twisting in the wound of those who have suffered draconian preventive justice.

The likelihood is that this draft will serve at a time when the special justice system will no longer be operating, as its mandates will have expired.

That is why it is a move that is more diplomatic than juridical, especially when this announcement “coincided” with the day of the inaugural meeting with the new U.S. ambassador in Tirana and the arrival in Albania of the European Union’s powerful “prime minister”, Ursula von der Leyen.