SPEECH  OF  THE PEOPLE’S ADVOCATE, MR. ERMIR DOBJANI, DELIVERED AT YEREVAN  INTERNATIONAL CONFERENCE ON:

“THE COOPERATION BETWEEN THE CONSTITUTIONAL COURT AND THE OMBUDSMAN  IN PROTECTING HUMAN RIGHTS”

Yerevan - Armenia, 5-6 October 2007

Dear Colleagues,

Ladies and Gentlemen

First, I would like to thank the organisers for the invitation to participate in  this interesting conference, and for their  hospitality.

Now, I want to say just a few words following the speech held by  the Member of the Albanian  Constitutional Court, Mr. Kujtim Puto.

In  2000, the Albanian Ombudsman submitted to the Constitutional Court his request  to interpret the signification of Article 134 of the Albanian Constitution relating to what would be considered as “ the interests of the People’s Advocate”. The Constitutional Court made a good interpretation at that time stating that  the interests of the People’s Advocate include  not only  issues regarding his status, his salary and so on, but  his interests are closely connected with the rights and freedoms  of individuals who lodge their complaints to him.

Practically, in two cases later on, as Mr. Puto mentioned, the Constitutional Court narrowed this interpretation and rejected two requests  submitted by the Ombudsman  on the grounds of lack of legitimacy.  You are all aware of the fact that no one can complain against the mistake made by the Constitutional Court and as such  it must be  the Constitutional Court itself to correct it. Consequently, we have been expecting these days for the Constitutional Court to correct its mistake . It did not allow the Ombudsman to submit his requests on declaring some laws of the Albanian Parliament as    anti - constitutional.

Over these 8 years, the Ombudsman of Albania has submitted 9 requests to the Constitutional Court of which  3  have been rejected, 4 accepted of which  one law of the Parliament and six government decisions have been invalidated.

Based on the requests submitted by the People’s Advocate, in February 2006, there were invalidated 3 government decisions which led to violation of human rights, that is hundreds of people got dismissed from work for political reasons, violating accordingly their constitutional rights.

Conclusively, to my opinion, in former socialist countries, the Ombudsman must have the right to address the Constitutional Court and on the other side the Constitutional Court to be benevolent to the requests submitted by the Ombudsman.

In Ljubljana Conference, in November 2001, it was recommended that the Role of the Ombudsman to be widened before the Constitutional Court.  This is  essential to our countries for it helps going on further deepening our democracy and further protecting human fights.

Thank you for your attention.