FLASH
Shkruar nga Pamfleti
The President of the Constitutional Court, Holta Zaçaj, has given a statement to the Italian newspaper Corriere dela Sera regarding the Constitutional Court's decision to suspend the agreement with Italy for the transfer of immigrants from Africa to Albania.
She explained that the suspension came as a result of the opposition complaining, but emphasized that this does not mean that the agreement will not be approved after review and if no violations are found.
"Usually I don't talk to the press, but I understand that this issue is important and delicate not only for us, but also for Italy and maybe it is right to clarify things a little", said Zaçaj, during a telephone conversation with Corriere .
President, let's clarify the question in the meantime: does the Constitutional Court say "no" to the Rome-Tirana agreement?
" No. The process leading to the ratification of the agreement has been suspended since over a quarter of the Albanian deputies have asked us to check the constitutionality or otherwise of the protocol signed between the two countries. We have assessed that the complaint meets the admissibility criteria and according to our regulation this automatically results in the termination of the parliamentary procedures for ratification. But I want to clarify: we have not gone into the interior of the signed protocol ," she said.
What are the thirty deputies contesting?
" Basically two aspects. First: alleged non-compliance with the negotiation and signature procedure. According to them, this type of agreement needs the authorization of the president as it affects territorial issues. In short, for them it cannot be an agreement between governments, but between states ", said Zaçaj.
And the second aspect?
"According to them, the protocol may lead to the violation of human rights," she said.
Why is the automatic suspension of the parliamentary process encouraged?
" Because after ratification, the Court - according to our rules - can no longer check the legitimacy or otherwise of the agreement. And the appeal raises doubts about the constitutionality of the protocol ", said the president of the Constitutional Court.
Will the Court enter the session of January 18 based on the Rama-Meloni agreement?
" We are required to do such a thing, we must examine in detail the protocol for those two points raised by a quarter of the Assembly of Albania. But I repeat it again: we have not really entered into this matter ", he said.
Are there those who fear opposition movements to force you to postpone the decision?
" The two parties will have to send the documentation by January 4, 2024. And from the day of the appeal (December 6, 2023), we have a maximum of three months to make a decision. In this case, it means that until March 6, 2024, the Court must say whether the agreement is legitimate or not," concluded Zaçaj.
Lini një Përgjigje