Mandate of Adriatik Llalla, debates between the majority and the opposition

Mandate of Adriatik Llalla, debates between the majority and the opposition

The failure to implement the reform on justice and especially the non establishment of the High Council of the Prosecution has brought strong debates between the majority and the opposition at a time when the mandate of the General Prosecutor expires on December 4. 

According to sources, the Democratic Party and the Socialist Movement for Integration have co-ordinated their requests and will ask for the application of the 7 year mandate, as predicted by the amendments to the Constitution. 

This will mean the current General Prosecutor will hold the position for two more years. December 4th is the date when the mandate of the General Prosecutor, Adriatik Llalla expires and it is expected that this will cause a debate between the government and the opposition. 

The Constitutional amendments of the justice reform have caused an institutional vacuum, due to the fact that the High Council of the Prosecution has not yet been established. According to article 148 section (2) of the Constitution, this institution has the right to open the procedures for electing the new General Prosecutor and sending a list of candidates' names for the position to the Parliament. In the current situation, when the High Council of the Prosecution has not been formed, there are only two solutions to the problem: either the mandate of prosecutor Llalla be extended, or Parliament must intervene through an extra-legal mechanism. 

The latter may see the appointment of a provisionary General prosecutor until the creation of the new institutions of the Supreme Court Council and the High Council of the Prosecution are complete. This is the key moment that separates the parties, because even though a concrete decision has not yet been made, it is expected the DP and SMI will request to extend the mandate of the current prosecutor for a period of two years. The majority prefers the second solution, appointing a new general prosecutor to hold the position until the creation of the relevant institutions.

EMISIONET