Debate over the governor’s legal protection; changes approved as Gjiknuri voices objections and Zaçaj cites Luxembourg

At the Law Committee, Socialist MPs voted in favor of amending two articles of the Law on the Bank of Albania. Under the changes, the governor may not be detained or deprived of liberty through restrictive measures for criminal offenses related to the performance of his duties, and may not be subjected to a personal or home search.

Socialist MP Damian Gjiknuri expressed reservations about the proposal, arguing that the safeguards it provides are excessive.

“With this law, we are giving the governor protections that no one else has, except the president. This is excessive. In doing so, we are acknowledging the failure of the justice system, when it is the court that provides the guarantee. The protection should be at the constitutional level, but we should not give him a guarantee that is not provided for by the constitutional framework. This is the only case in which a bypass is being created,” Gjiknuri said.

Deputy Governor Holta Zaçaj responded to the concerns, clarifying that the proposal does not constitute immunity but is intended to guarantee the institution’s independence.

“In Article 72, we have proposed that if the governor’s arrest is sought, it should be verified whether substantial evidence exists and whether the criminal offenses for which the measure is sought are related to the performance of his duties. This is not immunity, but a safeguard. The governor is not protected because of the office he holds, but to ensure that he can function independently, without fear that a body belonging to another branch of power could prevent him from performing his duties. It is not the person who is protected, but the institution, through the protection of the governor,” Zaçaj said.

Law Committee Chair Ulsi Manja questioned what impact restrictions on searches of the governor or his home could have on prosecutors’ work and their ability to secure evidence.

“When we restrict home and personal searches, does that obstruct the investigation? How will the prosecutor find the evidence?” Manja asked.