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"Politicization of the judiciary is a constant challenge"/ Appeal of the President of the Constitutional Court on politics
2023-11-27 11:12:00, AktualitetCNA
President of the Constitutional Court
The President of the Constitutional Court, Olta Zaçaj, during her speech in the Assembly, emphasized that political influence in the judicial system still remains a worrying phenomenon. She underlined that the judicial power can play its constitutional role if it is independent.
"The politicization of the Judiciary and the Judiciary of politics have been and are phenomena that not only constitute constant challenges for the ongoing democracies but also for the consolidated ones. The constitutional reform of 2016 aimed at dissociating the influence of politics in the selection of senior judges by making a significant effort to depoliticize the judiciary. The judicialization of politics due to the constitutional reference in the activity and processes of policy-making is a growing trend. The important political actions have diverted the political discourse from the body elected by the people to a constitutional judicial debate" - said Zaçaj.
She emphasized that the Constitutional Court is involved in some of the most important reforms and that its influence is important in the political life of the country.
"The court is involved in important electoral, territorial, judicial reforms, conflicts of powers and the constitutionality of legal initiatives. The judicialization of politics actually shows, on the one hand, the need and irreplaceable role of the Constitutional Court in the final interpretation of the Constitution, but on the other hand, it also shows the danger of transforming the court into a part of the policy-making process. The court is aware that even though it does not make politics, it influences the political life of the country. In its decisions, the court has tried to avoid judicial activism in respect of the principle of separation and balancing of powers, contributing through conciliatory interpretation to the preservation and dispersal of legal norms within the legal order when this is possible" - said Zaçaj. / CNA
