Newsroom Speeches The bill “On powers and authorities of direction and command of the Armed Forces”Colleagues MPs,
A year ago, a million Albanians said “yes” to the Alliance for European Albania. It can be still counted with hours the moment when Europe said “yes”, to Albania and Albanians. But in order that the road to EU membership might be as secure as it is fast, reforms are requested from us, reforms that make the state more functional, less abusive, serving the people. Reforms begin with laws; therefore, their improvement is on obligation of our government.
Today, we are discussing an important legislative package for the Armed Forces of the Republic of Albania (AFRA). With the bill on Powers and Authorities of Direction and Command, and the bill on Military Career, which constitute the legal core of the military activity in our country, we are trying to further consolidate the legality of the activity of the servicemen in the Republic of Albania.
The new security environment, in which Albania is part after NATO membership, makes more than the necessary adjustment of the current legal framework in force. The Armed Forces mission to guarantee the independence, sovereignty and territorial integrity, supporting the population in times of peace, crisis and war, as well as contributing to peace and security in the region and beyond, remains a sacred mission. This mission will continue to be fulfilled by harmonizing all plans and efforts with NATO and other security institutions of the state.
In order to fulfil this mission, the government’s program in Defence, contains ambitious objectives which require the continuation of reform and the further transformation of our Armed Forces, creating the necessary military capabilities to face the challenges of Security and Defence, and setting them at the deserved level in the Albanian society. As never before, the focus of these reforms is the elevation of the image and integrity of the military, through the development of appropriate policies in the area of personnel, legislation, advancement in career, increase of transparency, accountability and elimination of corruption within the Armed Forces. Since last September, one of the first concerns I encountered had to do with the old legal framework, and already incoherent, the Armed Forces operated. The main and essential package of operation belongs to the period before year 2005. New realities after NATO membership are little or no at all reflected in the legal framework we operate every day.
In cooperation with the General Staff of the Armed Forces, it was launched a process which is being finalized here, in the hall of Parliament, in the changes presented in the law on powers and authorities, and in the law on ranks and career in the Armed Forces, the latest, approved by the parliament two weeks ago. The military colleagues drafted and proposed the amendments you will approve today, honourable colleagues.
These changes are undertaken in full compliance with the Constitution of the Republic of Albania, on which every military oath and under which they serve the Homeland. For these changes, the best experience of NATO and partner countries was consulted, and it was considered the whole new security environment, in which Albania finds itself after joining the largest military alliance in the world.
Honourable colleagues,
I want to share briefly with you, the reasons why we submit for approval this bill and which are the main issues affected.
The bill on Authorities and Powers of Command and Direction:
Firstly, it better defines the powers and their limitations, authorities, responsibilities, roles and functions of institutions and bodies involved in ensuring the defence of the Republic of Albania;
Secondly, it consolidates the principle of democratic control and civilian direction of the Armed Forces;
Thirdly, it defines the strategic and operational levels of responsibility for the direction and command of the Armed Forces in peacetime, wartime and in state of emergency;
Fourth, it clearly presents the chain of command and direction of the Armed Forces in peacetime, wartime and in state of emergency.
In the bill, the Parliament remains the institution which has a central role in planning, control and general management of the Defence of the Republic of Albania, as well as in determining the strategic direction of the Armed Forces.
The President of the Republic according to paragraph 2 of article 168 of the Constitution is the General Commander of the Armed Forces. Based on the Constitution of the Republic of Albania, the President’s powers are defined in article 9, chapter II and in chapter III of this bill.
According to constitutional definition, the President, as General Commander of the Armed Forces shall appoint and relieve from duty the Chief of General Staff, with the proposal of the Prime Minister, shall appoint and relieve from duty the commanders of Land Force, Navy and Air Force, with the proposal of the Minister of Defence, and shall appoint and relieve from duty the commander of the Armed Forces in wartime.
Thus, the management of generals with core competencies in the Armed Forces direction, which moreover are constitutional institutions, will exclusively remain competence of the President. With the proposal of the Minister of Defence, the President of the Republic will continue to sign for the promotion of all militaries to senior ranks, regardless the function or duty the senior officer.
These are the only functions provided by the country’s constitution.
Meanwhile, the new bill is conceived to balance the career management of the senior officers of the Armed Forces. It is understood, the main burden will again be on the President, in the quality of the General Commander of the Armed Forces, but however, a series of powers will pass to the government.
Regarding appointments and relieve from duty of the other generals (supporting commands, or representatives in international institutions or missions), they will be made by Prime Minister, with the proposal of the Minister of Defence.
This change, on one hand will bring a more efficient management of the generals’ career and increase the efficiency of their work, on the other hand, it will increase the democratization of this delicate and important process of the Armed Forces direction, a process, which in the past, has often left much to be desired and has often been subject to abuse, questioning the reliability of the Allies.
The process of going in reserve, or release of all generals of the Armed Forces (except the Chief of General Staff and Force commanders) will be a combined power of the Prime Minister and Defence Minister.
At this point, it is important to note that going in reserve or release of the militaries, including those with senior ranks, it is made only when the military clearly meets the legal criteria to pass in reserve or release, a process that significantly reduces the subjective factor in evaluating the case, not leaving it at the will of the right holder, unlike the case of the appointment or relieve from duty, when the relevant authority exercises a certain level of discretion.
Beyond differences, NATO member countries may have their own way of organizing the presidential or parliamentary republic like the our republic, almost all, without exception, have the same common denominator when it comes to the organization of competences and functioning of the military pyramid under the democratic principle of civilian control and direction. For all member states, competences related to the daily management of the Armed Forces have passed to the government, not only as attributes and an integral part of government policy in Defence, but also need to respond rapidly to the growing and timeless requests, as well as emergencies created by often unpleasant geopolitical situation.
Colleagues,
One of the changes in the powers (non constitutional) of the President, in this bill, is the passage of the right to the Prime Minister for the approval of the Organizational Structure and Deployment and Settlement Plan of the Armed Forces.
I say with full conviction that this non constitutional right, given to the President with a law of 2004, does not have to do with the modern military forces of the Alliance, and is only a reminiscence of our past. Therefore, these changes are not made in the spirit of empty glorification, but in the spirit of increasing efficiency in the use and good administration of military assets, increase of operability and cooperation with allied forces, as issues of the government.
The Deployment and Structure Plan are an integral part of the Defence Policy, along with the problems of force size, quality and profile of the officer corps, type and quantity of weapons, recruitment policy, advancement in career, or military pension. Normally, all these are attributes of the government, part of governing package approved by taxpayers with vote. At least, this topic is conceived in such manner in democratic societies, in the NATO community and finally as candidate to the united Europe. In other words, since the planning of a structure and deployment plan need to take into account elements, such as limited number of personnel, financial expenses required and available properties and assets, it is thought that the most equitable and effective solution is the transfer of this competence to the Prime Minister. Separation, I stress again, from the reminiscences of the distant past, makes the need to respond to growing demands simple and understandable, for a more efficient use of the available resources.
I emphasize that the Structure, Deployment Plan, size or number of personnel of the Force will be managed in close cooperation with NATO, and it will be monitored and agreed by the Alliance and its structures, under the Defence Planning Process.
Based on the Constitution and hierarchy provided by this bill, the Prime Minister is responsible to the Parliament and President of the Republic for the direction and state of the Armed Forces in peacetime. The novelty in this bill is the provision it makes for the Prime Minister’s powers in making appointments and relieves from duty of senior officers, supporting commands, or representatives of international institutions and missions, with the proposal of the Minister of Defence.
The process of going in reserve or release will also be a combined competence of the Prime Minister and the Minister of Defence.
The Minister of Defence, under his responsibility and within the main direction of the state policy, will continue to lead the Armed Forces to fulfil their constitutional mission.
Given that, among the civil authorities, the Minister of Defence is the only one who exercises the daily direction and command of the Armed Forces, his powers are also more numerous and more varied than those of the above discussed authorities.
Changes to this point are several, but generally, they have not affected the core responsibilities of the Minister of Defence, in relation to the Armed Forces.
They deal with the way how provisions are conceived (in accordance to legislative technique) and the elimination of redundant provisions, which are already adjusted by other legal acts.
According to the current law, the Chief of General Staff of the Armed Forces (CHGSAF), although at the top of the military hierarchy, has no power on the management of the Armed Forces personnel, except those which may be delegated by the Minister of Defence.
In the bill, there are significant changes in the CHGSAF powers, especially in relation to the management of Armed Forces personnel, excluding those that belong to the Minister of Defence, Prime Minister or President of the Republic.
The General Staff of the Armed Forces (GSAF) is the highest military organizational structure in the Armed Forces. At this point, we clarify that the GSAF powers have significantly increased in relation to the law in force, since it has been included in it all the tasks and functions it currently carry out via its structure (departments).
The novelty of this bill is the addition of two provisions, which derive as a direct consequence of the Republic of Albania’s membership in NATO.
Specifically, the added powers of the GSAF to prepare the Plan for the Use of the Armed Forces in operations inside and outside the territory of the Republic of Albania, including operations carried out under Article V of NATO Treaty (collective self-defence) and under other international obligations.
The GSAF commitment is increased to implement obligations arising from agreements of cooperation, interaction and coordination of joint exercises with NATO and other international organizations.
Colleagues,
Once again, I want to share with you my belief that these legal changes will make the Armed Forces more efficient and interoperable with the Alliance; will also establish a fairer report of relationships and responsibilities between institutions; will increase flexibility in relation to the various decision-making, according to the Alliance and will significantly shorten the bureaucratic procedures.
In conclusion, I ask all of you honourable colleagues MPs, to vote this bill, a project which harmonizes even more our Armed Forces with the standards and practices of the North Atlantic Alliance.
Thank you!
