FLASH
Shkruar nga Pamfleti
A hearing was held at the Administrative Court where Fredi Beleri requested the annulment of the decree of the President of the Republic regarding the announcement of the elections for Mayor of Himara on August 4. In this session, the parties presented their positions.
Beleri turned to the Administrative Court immediately after Bajram Begaj decreed August 4 as the day of holding the elections, just a few hours after the CEC announced the holiday and the Prime Minister asked the Head of State to set the date where the process would take place.
Lawyer Klodiana Gjyzari, who also represents PBDNJ, said that the decree was signed when the end of Fredi Beler's mandate had not yet become enforceable as it has not passed all the judicial steps.
Fredi Beleri has a valid mandate and has the right to appeal within the 30-day period at the KAS. Beleri has until August 5 to file an appeal, and can file an appeal at any time within this period. To establish the insurance of the lawsuit since all links have not been exhausted, for the issue of elections. Article 10 of the Electoral Code has not been implemented, there are no legal conditions and criteria for the President to announce elections. The President was not moved by a letter from the Council of Ministers, but by the Secretary of the Council of Ministers. It is not the competence of the latter to communicate with the President of the Republic, but of the Prime Minister. The President is a neutral position and should be above the parties, he should not have accepted the letter without the Prime Minister's signature ," said the lawyer.
But on the other hand, the representatives of the Presidency in the session said that the claim has flaws in its content and it is not within the competence of the Administrative Court to examine such claims.
" This judge is not competent to speak about this issue. This Decree is not an administrative act, but a collective administrative act, addressed to all parties and persons, the third person cannot be the CEC but political parties or candidates, or parties that have their permanent representatives in the CEC. Beleri cannot be a candidate in these elections because of the decriminalization law, he has the right to go to the KAS. The plaintiff is legitimized after exhausting all other levels of appeal. The mandate belongs to the mayor and not to the political entity, so the PBDNj party has no legal interest in the mandate of the mayor of Himarë , declared the representative of the Presidency.
Even the State Attorney was in line with the representatives of the Presidency asking the Court not to accept the lawsuit. While the black squads decided to transfer the case to a court hearing on July 30 at 10:30, until then, the parties must present their written evidence and arguments.
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