Vetting is a newly introduced key term found not only in legislative writings but also in the political vocabulary. The primary intention was to screen judges and other public sector employees, but now is promulgated as a “normative principle,” able to yield exceptional constitutional politics, and to provide the foundations for a democratic theory of the “Extraordinary
Both wings of the Albanian politics are now using this term not only to mark the end of the corruption that flourished in the post-communist Albania but as the upbeat of a new republic.
Vetting, in this perspective, will provide the “new beginnings,” that will not just defeat the established order but will open-up imagination to the new politics, transgressing the limits of the possible and redefine our institutionalized community life. These commentators are elevating “vetting” to a compelling new radical standard to revive democratic politics.
It threatens to equate the terrain of the political battle with the domain of the justice reforms, in a way that the former, occupies the entire territory of the later. The judicial reforms were placed on a constitutional footing. Thus, it is a legal duty for the politicians to keep their hands off the justice system.
The unwarranted intrusion of the politics into the justice reforms is tantamount to preserving the old tradition of lack of the independence of the judiciary from politics, but this time, with a new justification:. "Vetting", a word defined and understood as the “politics of the exception to the rule in a “normless, cleptocratic, national emergency.”
History has shown, and I believe it is very likely that in one year or more “vetting” will lose considerable power as the only argument to keep alive the spirit of the reforms. If legality, understood as the everyday political practice, will subordinate legitimacy, that will be a significant blow to the true reformist spirit. The sovereign was invisible in the enactment of constitutional amendments that paved the way to the reforms, as it was the EU and the US the forces behind who produced the change and compelled the domestic politicians to start the reforms, which will ultimately benefit the Albanian people.
Thus the true spirit of the reforms is geared towards a systematic reflection on the Albanian constitutional theory, deriving legitimacy from its constituent subjects, the Albanian citizens, neutralized and disempowered not just by a corruption of the civil servants to self-enforce their constitutional order, but from other factors as well. So it is not just corruption that needs to be repudiated from the old sections of the ineffective constitutionalism.
As politicians are “circumstantial” but “constitutional politics’ is fundamental, it does not serve the spirit of the reforms to misuse “vetting” as a perfidious instrument for accrediting certain political positions by launching a malicious political attack to the judges, to preserve the pre-reform special privileges. The real challenge of the reforms is to elaborate a genuine constitutional system, trying to find viable solutions to the questions as to how to protect within the state mechanisms both the ideals of Euro-Atlantic liberal democracy and those of the national interests.