FLASH
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The court has accepted the appeal and has decided to pass it on for consideration in a plenary session. But until the judicial review is over, the law will be called suspended...
The government has received another blow from the Constitutional Court. The group of judges have decided to suspend the application of the law to medical students until a final decision is made.
The government decided to block diplomas for medical students for 5 years, in order to prevent them from leaving the country. The law passed urgently in the Assembly, but it was opposed by the students, who also staged protests. In their support came the opposition MPs, who made it possible to appeal the law to the Constitutional Court.
The court accepted the case and decided to move it to a plenary session. But until the judicial review is over, the law will be called suspended, which means that there can be no blockage of diplomas until the court finally speaks with a decision. This is the second blow received by the government in a few days, since on November 8 it was decided to suspend the property law until a final decision is made.
By law, students must first sign an agreement with the government. According to this agreement, those who are admitted to the integrated study program of the second cycle "General Medicine" in public institutions of higher education, benefit from special treatment.
" He signs an agreement, before his registration as a winner in this program, which is concluded between him, the ministry responsible for education, the ministry responsible for health and the institution of public higher education to work in the profession of a doctor after completing his studies, for no less than 5 (five) years in health institutions in the Republic of Albania. Accepts the official transfer of the relevant higher education diploma from the public institution of higher education, where he completed his studies, to the health institution where he is employed, until the payment of employment obligations according to the 5 (five)-year term, with the right after fulfillment of the employment obligation to withdraw the university degree ", the law states.
For the students of the second, third and fourth year, it is planned to have a degree block for 3 years, while for those of the fifth and sixth years for 2 years. Whoever refuses to sign this agreement will be forced to pay millions. This seems to be the government's method of forcing everyone to sign the contract.
" The student, who does not agree to sign an agreement to work in a health institution in the Republic of Albania, public or private, from the date of birth of the right to employment with the ministry responsible for education, the ministry responsible for health and the institution of higher education public, according to the provisions of Article 4 of this law, pays the full value of the cost of studies. The methodology for determining the cost of studies for the integrated study program of the second cycle "General Medicine" in public institutions of higher education and any other support for students of this study program are determined by decision of the Council of Ministers, the law states . .
Decision of the Constitutional Court
The meeting of the Judges of the Constitutional Court, today on 14.11.2023, after considering request no. 1 (Nj) 2023 of the Basic Register, with petitioners a group of deputies of the Assembly of the Republic of Albania (not less than one fifth of the deputies) and Anxhela Gjini, Alesia Cara, Diora Hoxha, Argisa Troka, Xhesika Xhebexhiu, Juri Taullau, Sindy Allamani, Isabela Tabaku, Dea Guri, Natali Bliu, Joel Plaku, Mikel Seferi, Reant Kullaj, Brunelio Fejzulla, Viki Zaçlli, Rei Haluli, Feruze Agalliu, Oresti Çaça, Marjo Rabiaj, Paulo Qesargjoni, Endi Muçi, Arbëri Shehu, Samuel Dërka , Thimi Shkarpa, Kristina Çelanji, Athina Prifti, Almira Tota, Zino Veleshnja, Erdi Podo, Anxela Miraka, Gani Krrashi, Klevi Gugallja, Flavio Elezi, Ledion Mane, Eugen Lazaj, Igli Hoxhaj, Arlind Kasëmi, with the object "Repeal of Article 4 , points 1, letter "c", 2, letter "b", 3, letter "b" and article 5, first sentence, of law no. 60/2023 "On the special treatment of students who follow the integrated study program of the second cycle "General Medicine" in public institutions of higher education", as incompatible with the Constitution of the Republic of Albania. The suspension of the law no. 60/2023 "On the special treatment of students who follow the integrated study program of the second cycle "General Medicine" in public institutions of higher education", until the entry into force of the decision of the Constitutional Court", based on the article 45 of the law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", amended,
DECIDE:
1. Acceptance of the request for the suspension of the implementation of the law no. 60/2023 "On the special treatment of students who follow the integrated study program of the second cycle "General Medicine" in public institutions of higher education".
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