Court decisions as unspoken letters

2024-05-26 18:50:00, Opinione Lutfi Dervishi

Journalist Lutfi Dervishi

Two flagrant cases!

The Parliament ignores the decision of the Constitutional Court.

The Independent Qualification Commission does not apply the decision of the Administrative Appeals Court to make transparent the name of a sponsor of an activity!

Unthinkable!

The people who veto the bills of prosecutors and judges even from 1991 not only do not implement law 119/2014 on the right to information, but have the courage not to implement the court's decision!? And the judge that reformed from them!

What happens when court decisions are not implemented?

The foundations of the legal system are blown up and public trust in the court becomes a joke.

1. The rule of law is undermined

The non-implementation of court decisions weakens the rule of law, as it allows individuals, subjects, or institutions to disregard decisions without killing their minds. As a result, lawlessness and impunity increase. Anyone becomes "brave" by ignoring the law. And the day comes and we open our mouths with the courage they have to rob property and public funds.

2. Loss of trust in the judiciary: When court decisions are not respected, public trust in the court goes to zero.

3. Increasing disputes and conflicts:

Court decisions that remain on paper add to the disputes between the conflicting parties. This situation leads to further conflicts, legal and social, as the injured parties turn to alternative means to solve the problem. And we ask why acts of self-judgment and references to the Canon have increased.

4. Democracy as a farce

Respect for court decisions is essential to maintaining the separation of powers and ensuring checks and balances within a democratic system. When court decisions are ignored, the principle of judicial independence is undermined and democracy becomes a parody.

5. Impacts on investments and economic stability:

The discretionary enforcement of court decisions discourages domestic and foreign investment. Who will work and live in a country where the law does not rule?

When court decisions are not implemented, it no longer makes sense to talk about the rule of law, but about the jungle.

The icing on the cake is an incident at the police:

A police officer wins the trial at both levels of the judiciary for recognition of rank based on career. With the court's decision in hand, he goes to the (former) general director of the police who, after reading the decision in confidence, says:

"You're right, but I've decided not to follow any court decision on ranks"

What do you say?

We are left to ask whether the laws are to be enforced or are they simply a matter of interpretation?