FLASH
Shkruar nga Pamfleti
The court has announced that the ratification procedure in the Assembly of the agreement with Italy, scheduled to be voted on the next day, is automatically suspended.
The Constitutional Court has blocked the Italy-Albania pact for immigrants. She has announced that she has considered the lawsuit filed by the opposition MPs against this agreement.
In this way, the court has announced that the ratification procedure in the Assembly of the agreement with Italy, scheduled to be voted on the next day, is automatically suspended. In the meantime, it is learned that the hearing for the decision of the Constitutional Court on this matter will be held on January 18, at 10:00.
We remind you that on December 6, 30 MPs of the Berisha-Bardhi group submitted to the Constitutional Court the request for declaring the agreement between Albania and Italy for immigrants, signed on November 6 in Rome by Prime Ministers Rama and Meloni, incompatible with the Constitution. The Berisha-Bardhi grouping simultaneously requested from the court the prohibition, as well as the suspension of the procedures for the ratification of the protocol by the Assembly.
Also on the same day, Lulzim Basha, in the capacity of the chairman of the Democratic Party, addressed a request to the Constitutional Court, where he requests the declaration of the agreement as incompatible with the Constitution and the suspension of the parliamentary procedure for the ratification of the protocol by the parliament. But according to information, the request of the official Democratic Party was returned for completion by the Constitutional Court after finding deficiencies.
It is worth noting that in their lawsuit, the MPs who support Berisha and Bardhi have raised claims that the agreement was negotiated and signed in the absence of authorization from the President of the Republic, which contradicts the Constitution, the Vienna Convention on the Law of Treaties and the jurisprudence of the Court Constitutional.
On the other hand, despite the claims of the opposition, the majority was calm and declared that the agreement does not violate the Constitution at any moment. Regarding the claims of the parties, it remains to be seen how the Constitutional Court will express itself on January 18.
Full notice of the Constitutional Court:
On December 6, 2023, 30 deputies of the Assembly of the Republic of Albania submitted to the Constitutional Court a request for the review of the constitutionality of the Protocol signed between the Council of Ministers of the Republic of Albania and the Government of the Italian Republic, "For strengthening cooperation in the field of migration".
This request was submitted before the ratification of this Protocol, based on Article 131, point 1, letter "b", of the Constitution.
The group of deputies has raised claims that the negotiation and signing procedure was not respected, since the Cooperation Protocol is part of those categories of agreements that require the authorization of the President, since it affects issues of territory and fundamental rights, according to Article 121, point 1 , letters "a" and "b", in the Constitution.
They have also submitted three identical requests for the suspension of the parliamentary procedures for ratification, on the grounds that the consideration and voting of the Protocol was planned by the Assembly for the plenary session of December 14, 2023.
The College of the Constitutional Court, on December 11, 2023, after taking into preliminary consideration the case, decided to pass it on to the Meeting of Judges for consideration.
The meeting of judges, convened today, on December 13, 2023, assessed that the request meets the preliminary criteria of admissibility and decided to transfer the case to a plenary session, based on the documents.
Based on article 52, point 3, of law no. 8577/2000, the hearing of the case automatically suspends the ratification procedures in the Assembly of the Cooperation Protocol, until the final decision of the Constitutional Court.
Keeping in mind the provision of the same legal provision (Article 52, point 3), which requires the conclusion of the case review within 3 months from the submission of the request, the Meeting of Judges decided that the hearing will take place on January 18, 2024, at 10:00 a.m. ./ Pamphlet
Lini një Përgjigje