FLASH
Shkruar nga Pamfleti
SPAK has brought the file of the former democratic head of the Shkodra Municipality, Bardh Spahia, to trial.
According to SPAK, Spahia has been named as a defendant after being accused of having unlawfully dismissed the director of the Water and Sewerage Department while he was leading the Municipality of Shkodra.
Mark Molla is reported to have appealed the former mayor's decision and the Shkodra Court has decided to suspend it until a final decision is made.
But, according to SPAK, Bardh Spahia, despite being aware of the Shkodra Court's decision reinstating Mark Molla until the end of the court process, ignored this order.
SPAK's full announcement
The Special Prosecution Office Against Corruption and Organized Crime, upon completion of preliminary investigations, has sent for trial, on 24.02.2025, criminal proceeding no. 139 of 2024, against the defendant: BS, accused of committing the criminal offense of "Obstructing the execution of court decisions", according to Article 320 of the Criminal Code.
From the analysis of the acts and evidence administered during the investigations conducted, it results and is proven that the defendant, BS, in the capacity of the President of the General Assembly of the Water Supply and Sewerage Company, Shkodër, and at the same time the Mayor of the Municipality of Shkodër, has taken decisions no. 16 and no. 17, dated 18.07.2022 to dismiss citizen MM from his position as administrator of the Water Supply and Sewerage Company and appointing citizen AB to this position.
These decisions were appealed by citizen Mark Molla, to the Shkodra Judicial District Court, which, with decision no. 16 (2984), dated 19.07.2022, decided: "Acceptance of the request, securing the lawsuit by deciding the suspension of decision no. 16 dated 18.07.2022, decision no. 17 dated 18.07.2022 of the General Assembly of the Water Supply and Sewerage Company, Shkodra until the court issues a final decision that will resolve the civil case registered on the basis of the lawsuit request".
On behalf of the defendant BS, being aware of decision no. 16 (2984), dated 19.07.2022 of the Shkodra Judicial District Court for securing the lawsuit, despite the fact that there has been a clear and immediately enforceable court decision for the General Assembly of the Water and Sewerage Company, Shkodra for the suspension of decisions no. 16 and no. 17, dated. 18.07.2022, by which the citizen, Mark Molla, was dismissed and AB was appointed, (as a result, the Court ordered the reinstatement of the citizen Mark Molla, until the end of the judicial process), on his part, this judicial order was bypassed by issuing seven (7) days later, on 25.07.2022, three other decisions with no. 18, no. 19, no. 20, through which he again dismissed the citizen, MM, from office, and appointed AB as administrator, these actions carried out with the aim of preventing the execution of the judicial decision no. 16 (2984), dated 19.07.2022 of the Shkodra Judicial District Court.
Essentially, it results that decisions no. 18, 19 and 20 dated 25.7.2022 have the same decision-making (as decisions no. 16 and 17 dated 18.7.2022), with the same object, but with different numbers and dates, through which the defendant has bypassed the orders of decision no. 16 (2984) dated 19.07.2022 of the Shkodra Judicial District Court for securing the lawsuit.
Failure to comply with a court decision that constitutes an executive title fundamentally undermines the rule of law and causes legal uncertainty. Public bodies/officials, to whom a court decision is addressed with orders, must only implement it and not make legal interpretations or discussions as to whether it is based on the law or not.
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