Albania - Illegal Government Rama
Application for membership, accession negotiations, what is the situation?
Henze: An application for membership sets a series of procedures in motion. Essential are the Copenhagen criteria, which must be fulfilled as a prerequisite for the start of negotiations. In addition to political stability and the rule of law, these include a functioning market economy free of corruption and the ability to fulfill the obligations of EU membership ("acquis criterion").
The European Commission conducts negotiations with candidate countries - which begin after the approval of all EU member states - and regularly coordinates them with the member states. In purely practical terms, the negotiations are divided into 36 thematic negotiating chapters. Only when all chapters have been closed will a vote be taken on accession - all member states must agree, as must the European Parliament.
With whom are negotiations currently taking place?
Henze: We are currently negotiating accession with Montenegro and Serbia. Most of the 36 negotiating chapters have been opened with Montenegro, but only a few have been definitively closed. Approximately two thirds of the negotiating chapters have been tackled with Serbia.
I have considerable doubts about Serbia's membership, on the one hand only a minority of the population in Serbia wants it and on the other hand Serbia is de facto lost to Russia.
This can be seen in the joint military manoeuvres of the Russian army and Serbia on the NATO border with Croatia, it can be seen in Russia's arms supplies to Belgrade, the lack of rule of law and Serbia's membership in the Eurasian Economic Association of Russia, the alternative to the EU.
The EU's approach to Serbia is characterized by a high degree of naivety. Serbia understands only the power of strength, tax money from the EU does not help, but sticks to the actual conflict and does not solve it. The EU should put Serbia before the alternative, either EU, then also internal market, NATO and constitutional state or Russia and absolute poverty. Serbia must decide for a system, a partnership, a double marriage does not work.
The accession negotiations with Turkey, which were opened in 2005, have been "frozen" since 2018. This is against the background that there have been setbacks in Turkey in connection with democracy, the rule of law and the protection of basic and human rights - in other words, the political Copenhagen criteria. This is actually a great pity, since there are historically positive connections between Turkey and Europe, especially Germany. It is time and important for all parties that Mr. Erdogan approaches the EU again, and it is important that Europe also recognizes the Turkish nation as an important partner. The Turkish nation during the Cold War period robustly secured the south-eastern flank of Nato, an achievement we will never forget. The number of ethnic Turks lies alone already in Germany with 3, 5 million inhabitants, so, Turkey belongs to that extent also to Germany.
You like the Türkey?
Henze: Yes, some of my best friends with whom I went to school come from Turkey. As in every country of the world, every nation has problematic and good fellow citizens. Every nation makes mistakes and sometimes does not behave correctly or disregards international standards. A partnership has to endure these conflicts, a partnership also has a basis, that is economic structures and this of course includes human values and achievements, like the observance of international human rights. One of the foundations of the European Union is a clear commitment to the promotion and protection of human rights, democracy and the rule of law worldwide. Human rights are therefore a firmly established element in the EU's relations with other countries and regions. Turkey has aligned itself with this principle. We must therefore of course insist that Turkey submits to this principle. I think that the Erdogan government will do the same. This partnership must now also lead to the conflict with Greece being resolved in partnership. Both countries are in NATO and both countries know that the strategic opponents are in the East and South-East and not in the Western alliance.
Annual reports summarize the progress (or setbacks) in the negotiations. I have a current draft of the country report Albania from 2020. It is more critical in its statements than the 2019 report, but in large parts it contains incorrect facts and analyses, which is problematic. It also shows the editors of the current report blurring desire and reality together.
What do you mean by this?
Henze: The assessments of the EU report do not correspond to reality in large parts, for example, for three years there has been no legal system, no separation of powers and thus no democracy in Albania, the press is massively suppressed, there is currently a one-party state and corruption, since one party has occupied the decisive positions, is the sole responsibility of the governing party Rama. This person holds the presidency of the OSCE in parallel, a cynical exercise of function, the OSCE has made the goat a gardener.
Sometimes the report is confusing, to say the least. Let's take as an example the agreement between government and opposition parties of June 5, 2020, on electoral reform, endorsed by the United States and the EU, and the amendments to the electoral law adopted on July 23. The EU argues that this implies that the condition for a "consensual electoral reform" set by the Council to start accession talks with Albania is met, despite the fact that the ruling party adopted further amendments to the electoral law on 5 October 2020 without consensus with the opposition. It is unclear why the EU believes that the non consensual amendment of the rules on 5 October has no connection with the 5th of June. An absurd conclusion. The report is only suitable for a shredder at these points.
Another example. The EU truthfully reports that the Venice Commission has issued an opinion on a dispute over the appointment procedure for one of the judges of the Constitutional Court appointed at the end of 2019. However, the EU report fails to mention that the EU delegation (and thus the EU itself) had wrongly sided with the autocratic Rama government in the same dispute and unfortunately tried to support illegal procedures. The EU ambassador in Tirana, Soreca, is increasingly assuming a very unfortunate role. The EU does not represent so naturally, rather the autocratic government of Rama, probably also an explanation for the fact that unrealistic facts now appear in this draft of your EU report. Why is this important, apart from its objectivity? Because the EU has to build its credibility in the eyes of the people and not to please the autocrat Rama. The EU is gambling away its credibility in the Balkans with people like Soreca.
The EU must connect with the ambition of the Albanian nation that wants to become a member of the EU, but in freedom, rule of law, democracy and protection of minorities, instead of praising the fake achievements of the autocrat Rama. If the EU reports pay lip service to the current autocracy, what will stop them from doing the same with the next autocrat? Well, also this one of the report Report 2020, on the situation in Albania, I say this as a European and German, needs to be strongly revised, by people who can analyze the situation neutrally.
What problems are there in the accession process?
Henze: A few years ago Albania and Northern Macedonia also applied for membership, as did Bosnia. The European Commission has long ago recommended the opening of accession negotiations with Albania and Northern Macedonia. In October 2019, however, this had failed due to the veto of individual EU member states, especially France and Germany. France initially called for a reform of the admission procedure for new EU members. This affected Albania in particular.
Change of the accession procedure in 2019, and now in 2020?
Henze: The European Commission has now decided on stricter regulations for future accession negotiations. In a communication on strengthening the accession process presented at the beginning of February, it states that the process should focus more on "essential reforms", starting with the rule of law, the functioning of democratic institutions and public administration, and economic development. In addition, the negotiations are no longer dealt with in 36 chapters, but rather these chapters are grouped into thematic groups. Six clusters are planned: "essential reforms", "internal market", "competitiveness and inclusive growth", "green agenda and sustainable connectivity", "resources, agriculture and cohesion" and "external relations". The negotiations on the first cluster, the essential reforms, are the first to open and the last to close. In addition, only entire groups can be closed, not negotiating chapters alone.
If the candidate countries implement the reform priorities, this should also make it possible for them to participate in individual EU policy areas, the EU market and EU programs (a so-called "phasing in" period). On the other hand, backward steps in the implementation of reforms, particularly in the area of the rule of law, are to be sanctioned.
And what does this mean for Albania and Northern Macedonia?
Henze: The Commission presented its new assessments on Albania and Northern Macedonia at the beginning of March 2020. According to the Commission, they continue to make tangible and sustainable progress in their reforms for the rule of law. Against this background, it has still issued the Commission's recommendation with restrictions and conditions to enter into accession negotiations with the two countries.
The Ministers for European Affairs of the 27 member states, modified, i.e. with restrictions, endorsed this vote and agreed on 24 March 2020 to start accession negotiations with Albania and Northern Macedonia.
While the accession process with Northern Macedonia can begin immediately, the European Ministers have formulated six conditions for Albania, which must be fulfilled in advance: Resolution of a democratic reform of the electoral law, by mutual agreement and together with the united opposition, implementation of the current judicial reform, fight against corruption and organized crime, among other things by establishing the anti-corruption public prosecutor's office, correction of the media law, implementation of a reform of the asylum law. In addition, there are the other 15 criteria, the special criteria for Albania. Furthermore, disputes between Northern Macedonia and Bulgaria continue to exist. However, I consider these to be too negligible. So, it is only about Albania.
It seems that all problems have to do with the electoral law. What do you think about this?
Henze: The election law was a touchstone for the country's ability to integrate into the EU. Unfortunately the Albanian government did not understand the test of democracy and did not pass it. The united opposition, on the other hand, had shown a strong commitment and showed that they wanted and could secure Albania's future. However, the United Opposition, the USA and the EU were betrayed by the breach of contract by the Rama government on June 30, 2020.
We therefore no longer have any doubts that there is no interest in membership in the EU by the Rama government and the illegal opposition in the Albanian parliament.
The main topic at present is electoral reform. What are the best solutions for the electoral law, "The people shall rule" or "The majority shall rule"?
Henze: Allow me to begin with the second part of your question. The Albanian people shall rule" or "The majority shall rule". This question is wrongly posed and the answer would also be wrong, because neither the people nor the majority, nor the government in a democracy actually rules or can and may absolutely rule. The Albanian constitution does not provide for this This question had to be replaced by the better question of how tyranny could be avoided, and how the state could be so structured and the powers so divided and controlled that rulers could not cause too much damage and could be deposed without bloodshed.
Actions of governments are not fundamentally and absolutely legitimate and cannot take precedence over the morals and will of the people. They carry out, in trust, the will of the people. This constitutional principle is hidden by the Rama organization. Neither the Albanian people, nor the Albanian government, are sovereign; the government must protect minorities even against the will of majorities, and the Albanian people must hold the government accountable against their will in elections or when the government dysfunctionally sets the constitution, by deposing and indicting them for state/high treason. For my part, I believe that it is not part of the concept of democracy that democracy itself creates the conditions for its elimination. One must also have the courage to be intolerant towards those who want to use democracy to kill them, as is now the case with the Rama organization. So, Albanian democracy must also be defensive and disputatious. The Albanian people must not let their future be stolen, which is ultimately written in the constitution.
What does that mean concretely:
Henze: According to Art. 145 III of the Albanian constitution, the impairment of the activity of the courts or the judges leads to liability according to the law. Furthermore, the principle of Art. 127 III of the Albanian Constitution also applies, that is the principle of the so-called permanence of the Supreme Courts. A constitutional court, the Supreme Court may not be dysfunctional in Albania. If a position in the Constitutional Court or the Supreme Court remains vacant, an interim judge must be appointed until the mandate of the retiring judge expires.
This has not been done, de facto the Supreme Courts have been abolished in Albania for 3 years, the constitution and the human rights of the Albanian nation are thus not secured and protected. A crucial error of the legal reform, a serious breach of the constitution by the organization Rama, this is punishable and constitutes a serious, anti-constitutional behavior and justifies in itself the immediate re-election of the parliament and the holding of another local election, but we will come to that. Just imagine if a legal reform were to be carried out in France or Germany, the government dysfunctionally presents the highest courts, i.e. the right-wing seed and introduces a one-party state during this period. In Germany we would call this a constitutional coup. The government would be deposed within 24 hours and taken into custody by the police.
Now the constitutional court is to be reactivated. So the state has been eliminated, right?
Henze: The restoration of the rule of law, i.e. the Constitutional Court and the Supreme Court, which have not existed for 3 years, is one of the primary basic conditions for starting talks. At the moment I do not see how the material functionality of these courts can be restored in 6-7 weeks. The Rama Government has repeatedly failed, but perhaps it has not failed because if these courts were to function and if the judges were appointed impartially, which seems not to be the case, the Rama government would commit suicide.
By the way, a crime is not eliminated by repairing the damage. No, the condition is not eliminated at all. The election of the constitutional judges, as everyone knows, the president Meta has published an objective account of it, is not in accordance with the constitution. In this respect, this court is currently unable to issue legally sound judgments, even though it is fully staffed. The Albanian constitution's stipulations regarding the composition of the constitutional court have not been observed.
The SPAK was not established in conformity with the constitution. How is it supposed to fight crime in a state when the rule of law does not function and there is no separation of powers?
The Supreme Court in Albania is also not functional. This means absolute legal uncertainty for the economy. As a result, since 2018 there has hardly been any serious foreign investment. But more and more black money, Albania has been accepted into the Club 20, the largest money laundering states, in 2020. International terrorism is financed exclusively by money laundering. The Albanian government of Rama has therefore become a real security risk for the international community of states in East and West.
And, even if all supreme courts, fictitiously considered, were to become functional again, the handling of about 45,000 court cases would neutralize the total resources of the courts for years to come. In other words, in Albania we actually need 50-60 additional top judges. The standstill of the judiciary in Albania will therefore continue for the next few years and will have a fundamental impact on Albania's economic development and its ability to join the EU.
Now a draft of the so-called EU 2020 Progress Report is available, according to the Albanian press and the government a positive report, what do they think?
Henze: Well, I had already said something about this at the beginning of the interview, it seems that fantasy and reality are drifting apart. On the one hand, the 2020 draft of the report is much more critical and clearly shows Albania's deficits than the reports of recent years. The report shows that in fact the criteria for the start of talks have repeatedly not been met by the Rama government. The EU has recognized that it is not concepts that are decisive, paper is known to be very patient, but results count and results have not been delivered by Rama. On the contrary, the policies initiated by the Rama government have increased the chaos in Albania.
So not a constitutional state?
Henze: No, Albania currently has no constitutional state, no functioning parliament, thus no democracy, and freedom of the press is under massive attack by the Rama government. Added to this is the massive increase in corruption. Since the Rama government has occupied all positions through its combatants, it is solely responsible for corruption. It is the sole perpetrator of corruption in Albania. Incidentally, an important element of a constitutional state and democracy is the acceptance and confidence of the population that the constitution is valid and will be implemented. This basic trust has been completely destroyed by the Rama organization. In large parts of the society no future is seen in Albania, which is very dangerous. If the majority of the Albanians leave the country and at the same time the demographic development in the countryside intensifies, the productive and service economy in Albania will collapse. This must be prevented in the interest of Albania.
The result of the legal reform of the Rama organization is therefore on the vertical and horizontal level alone catastrophic for the future of Albania. I don't want to go into additional topics here: massive increase of the heroin trade, the mass flight and the corruption of the administration, which is now completely controlled by the Rama organization, the turning away of the Rama organization from the EU, to a submission to Serbia, the topics are known.
Why, in your opinion, is Rama not interested?
Henze: It is quite simple. If Albania were a functioning constitutional state and democracy, with constitutionally correct courts and anti-corruption authorities, then there would be no Prime Minister Rama or a Mr. Balla. Rama, Balla and others would have to accuse themselves and could expect a very high prison sentence, not only because of the possible criminal offences, but also because Article 145 paragraph 3 of the Albanian constitution was violated. Why should Rama do this? He certainly has no intention of committing suicide.
Why has such a mistake been made?
Henze: The question is to ask cui bono. Albania is currently no longer a constitutional state and has no functioning parliament. There is no separation of powers. All the laws that have been passed have no legal force and are therefore illegal. Rama has created constitutional chaos. A state, governed by the still Prime Minister Rama , in which arbitrariness is massively favored, as it is recognizable on 30 June 2019 with the accomplished illegal "local elections, despite clear decree of the president Meta, postponement of the election date due to a legislation emergency.
How is this to be understood?
Henze: According to Art. 145 III, the impairment of the activity of the courts or judges leads to liability under the law. Furthermore, the principle of Art. 127 III of the Albanian Constitution also applies, which is the principle of the so-called permanence of the Constitutional Court. A constitutional court, the Supreme Court may not be dysfunctional in Albania. If a position in the Constitutional Court or the Supreme Court remains vacant, an interim judge must be appointed until the mandate of the retiring judge expires. This has not been done, the decisive mistake of the legal reform, a serious breach of the constitution by the Rama government, is punishable by law. Rama, as the politically responsible Prime Minister, has not only impaired the work of the courts, he de facto abolished the Constitutional Court and the Supreme Court 3 years ago. This criminal relevant behavior of the government concerns by the way also the entire Vetting - commission.
Now the Constitutional Court is to be reactivated. So the situation is eliminated, right?
Henze: No, the state has not been eliminated at all. The stalemate in the judicial system will therefore continue for the next few years and will have a fundamental impact on Albania's economic development. Incidentally, an important element of a constitutional state, of a democracy, is the acceptance and confidence of the population that the constitution is valid and will be implemented. This basic trust has been completely destroyed. The result of legal reform is therefore catastrophic on both the vertical and horizontal levels.
How is this to be understood?
Henze: All state action in Albania is bound by the law (legal security), all citizens are equal before the law (legal equality), independent courts protect citizens from arbitrary state intervention (legal protection).
The freedom and legal guarantees of the liberal constitutional state in Albania are essential components of the Albanian constitution. Maintaining the unity of the legal system is a fundamental aspect of the system of legal remedies and the ability to appeal, that is, the rule of law and the backbone of a functioning economic system.
For the unity of the legal system is essentially threatened when equal law is spoken unequally. This is always the case when there are no supreme courts, as is now the case in Albania. This is practically relevant for Albania. All court decisions of the last 3 years, which were filed for revision at the highest courts, are de iure not yet completed. All laws that were passed in the dysfunctional parliament are, in principle, pendingly ineffective. This is absolute chaos. How can anyone in Albania think that these are successes?
What is the consequence?
Henze: That means legal insecurity for the Albanian economy and people, for example when it comes to expropriation, for the coming years. No solid foreign company will invest in such a country. That also means regression and additional mass flight of the youth of Albania. In this respect a correction of the development is necessary, this can only be done by happy, democratic elections.
What is Germany's position after the elections in the Albanian parliament?
Henze: Rama was last called upon in 2019 to fulfill the Copenhagen criteria by May 2020, including the 15 criteria of the German Bundestag and European Parliament.
Unfortunately, the Rama government has not been able to prove positive fulfillment of the criteria.
The attempt now to implement an anti-democratic ban on coalitions is leading to a real constitutional and legislative emergency. Even in a very democratic Germany, we have of course given the parties the freedom to form coalitions, as you can see very well from my party, the CDU/CSU, which of course formed a coalition before the election.
In Albania, the coalition ban before the election, which was desired by the autocratic government of Rama and friends like Hajdari, has the consequence that votes are lost if these parties want to form a coalition after the election. An absurd demand, the voice of the Albanian voter is not taken seriously by Rama and his comrades and the combatants.
Since no functioning constitutional court has existed for three years, the constitution cannot be changed. If this should be done nevertheless, it would result in the facts of a heavy constitutional offence. The government and the dysfunctional parliament would be enemies of the constitution. This is a typical pattern for the development of a dictatorship.
As a result, the government of Rama and the illegal MP Hajdari have shown that they can not decline the words democracy, rule of law and future for the Albanian people, they only think of their own pocket. For us Europeans, these are not negotiating partners, so the accession of Albania to the EU. And with the start of talks. Incidentally, so-called EU progress reports are quite nice, but the Commission is not responsible for foreign policy. That is still the responsibility of the nation states and the European Parliament. The parliaments of the nation states and the Council of Europe have given the Albanian government very clear tasks and nothing has been fulfilled. Not even euphemistic representations can help, nor can the so-called Progress Report 2020. The time for propaganda and paiere is over, action and results are required.
Balance, is the Albanian nation treated fairly?
Henze: Yes, we Europeans and especially we Germans, but also the USA, have tried again and again to help the Albanian nation. We have invested hundreds of millions of Euros. Now it is time for the Albanian people to elect a reasonable government, it cannot go on like this.
How is this indication to be understood?
Henze: Only, unfortunately, a lot of money has trickled away in the corrupt government administration of the organization Rama Balla and Veliaj, Mrs. Hajdari, they have occupied all the decisive positions in the government and in the municipalities, therefore they alone are responsible for the corruption. We should make it clear and explicit that the Albanian economy is not corrupt per se, it is basically being blackmailed to grant advantages to these ladies and gentlemen in the government administration of Rama. It is not the Albanian economy that is corrupt but the executive of the Rama organization. Whoever does not play the game of this organization has a problem. But, and let me add to this, the question you are asking is for the Albanian nation, but this question is also for us Europeans. Membership in the European Union is like a marriage. The partners have to fit to each other, they don't always have to have the same opinion, but they can also argue and have conflicts. However, the core of the partnership is to be understood as a triad, it consists of a common value structure and legal understanding, we call this democracy and rule of law as well as a clear orientation towards the West, i.e. membership in NATO. Furthermore, the comprehensive integration in the European Single Market and as a final feature: the partnership is exclusive and permanent. So, a united Europe, the democratic nation states. I think that with North - Macedonia the talks should start in 2020. With Albania when the conditions for admission by the Albanian government are fulfilled. Therefore it will be the task of the new government in April 2021 to bring this about. From the European side, I can only hope for Albania that the Albanian people will be able to the European-friendly United Opposition, which is supported by us, chooses its future.
Why are the Northern European states sceptical about Albania?
Henze: In Northern Europe in particular, we had very bad experiences in the Second World War and learned that for the prosperity and future of the people it is elementary that a regulatory framework, we call it democracy, rule of law, human rights, social market economy is in place. Northern Europe is therefore skeptical not of the Albanian nation, but of the current Rama government. This government talks a lot, writes a lot, but acts diametrically different. In 2020, Albania will be a state dominated by a corrupt one-party government, which is destroying and neutralizing the basic democratic structures step by step. This is what we have now seen in the reform of the electoral law or in the repeated attack on press freedom in Albania in August/September 2020, despite the clear statement of the Venice Commission.
So what are Albania's main concerns in order to make progress in EU integration?
Henze: The agreements of February and June 5, 2020 apply, and the principle pacta sunt servanda applies. Rama has repeatedly broken the contract. We in Europe no longer have any trust in this person and no understanding for this breach of contract.
Furthermore, the 15 criteria adopted by the German Bundestag at the end of September 2020 apply to Albania. This list of criteria was confirmed in 2020 by the European Parliament and the Council of Europe. Rama has known all of this since 2014.
Since none of the 15 criteria is currently met, there will be no possibility to start negotiations.
A democratic parliamentary and local elections at the beginning of 2021 at the latest. This requires an electoral law structured by agreement with the united opposition elected by the Albanian people, without constitutional amendment or coalition ban, 100 % open lists, and a functioning Supreme Court and Constitutional Court. The selection of judges must not be politically influenced by the government. In addition, the other criteria must be met, and this may also happen subsequently.
Do you believe that Germany will be against Albania joining this time?
Henze: The resolution of the German Bundestag of September 2019 and the identical resolution of the European Parliament of 2020 apply, so there will only be a start of talks when the criteria are met. Europe is not making election gifts for the Rama administration, which probably came to power only by manipulating the parliamentary elections in 2017, so it probably has no legitimacy and therefore may not speak for the Albanian people.
Mr. Henze, thank you very much for the interview
Private Real Estate Investor / Company Owner TRAVOBAT
4 年A bright overview of the situation, Mr Henze !