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The members of the Constituent Assembly have agreed on the date when the Supreme Court announced the vacancy...
The Constitutional Court has finally come out with a decision regarding the end of Holta Zaçaj's mandate. The latter claims that the final deadline is the end of 2025, but the meeting of judges has decided to overturn it.
After the failure of several meetings in the past weeks, today it is learned that the members have made a decision declaring that her mandate ends on March 10, 2025. So the members of the Constitutional Court have agreed with the date when the Supreme Court announced the vacancy. Zaçaj himself claimed that he had to leave at the end of the year.
" Given that, neither the constitutional provision, therefore nor the decision of the Supreme Court for the election of a constitutional judge, has a date determined for the completion of this duty, based on the general legal rules for the calculation of deadlines, as a deadline the end of the term of office will have to be considered the end of the year 2025. The date March 10, 2017, which refers to the date on which Judge Vitore Tusha finished her office, does not is decisive for the termination of Ms. Holta Zaçaj as the next judge ", it was stated in Zaçaj's official announcement a few days ago.
The Supreme Court itself, as the appointing body, announced in the media a short time ago that Mrs. Zaçaj's mandate will end at the beginning of the coming year and asked the Constitutional Court to announce the creation of a vacancy.
" On 16.01.2023, Mrs. Holta Zaçaj was elected by the Supreme Court as a member of the Constitutional Court in the vacant position that belonged to the mandate that Mrs. Vitore Tusha had exercised, as an acting judge, a mandate which, referring to the opening announcements of the competition, but also of the decision of the Supreme Court, ends on March 10, 2025. Also in the provision of decision no. 2, dated 16.01.2023 of the Supreme Court for the election of Ms. Holta Zaçaj, her election as a member of the Constitutional Court "with a partial mandate, until the renewal in 2025".
According to Article 9 of Law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court", the President of the Constitutional Court, no later than 3 months before the end of the mandate of a judge of the Constitutional Court... notifies the appointing body for the vacant position."
Referring to this legal regulation, the Constitutional Court must declare the end of the mandate of Mrs. Holta Zaçaj no later than 10.12.2024. After this date, the President of the Supreme Court must announce the competition for the election by the Supreme Court of the new member of the Constitutional Court with a full 9-year mandate ," said the reaction of the Supreme Court.
Zacaj himself rejected it, directing you to Venice. But the Supreme Court announced the applications despite the fact that the Constitutional Court did not announce the vacancy. Occurring in this situation, Zaçaj notified the Meeting of Judges, which, after some procrastination, came out with a decision today.
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