FLASH
Shkruar nga Pamfleti
Lawyer Kreshnik Spahiu commented on the clash between the Constitutional Court and the Supreme Court regarding the mandate of one of the members of the Constitutional Court.
He described the situation as an institutional conflict that has put the functioning of two of the most important links in the country's judicial system in tension.
“ There has been an open conflict between the Constitutional Court and the Supreme Court on the issue of the mandate. The President of the Constitutional Court stated that his mandate does not end in March, but in December, while the Supreme Court opposed this position. This institutional clash and the disagreement over the interpretation of the mandate led the matter to the Venice Commission, while for a year in a row the absence in the Constitutional Court has not been replaced. As for the internal decision-making procedures, secret voting has been a practice in the Conference of Judges, which consists of 450 people. But in a body with only 15 members, what is the meaning of the secrecy of the vote when everyone actually knows who each one voted for? In this case, the process is damaged and credibility is lost.
When three ordinary secretaries are put in the position of analyzing the vote of the members of the highest judicial body in the country, the integrity of the process is undermined. I regret that two of the most respected figures in the judicial system have been involved in a public debate of this nature. The Constitutional Court should act as a court of fact and examine the will of the Supreme Court in its essence. But it is exceeding the limits of its competences and is interfering in matters that determine the fate of the country. It is not the first time. Just a decade ago, this court overturned nearly 50 majority decisions that had to do with the territorial integrity and political fate of Albania ,” he said.
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