FLASH
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The decision of the Court of Appeal on the stamp of the DP has been clarified.
The appeal granted the right of seal to the former prime minister Sali Berisha and overturned the complaint made by Lulzim Basha and Enkelejd Alibeaj.
The court argues that Lulzim Basha's authorization for Enkelejd Alibeaj no longer had legal value after his public resignation.
"The Court of Appeal assesses that despite the resignation of the president of PDSH, Mr. Lulzim Basha was not carried out in written form nor was it reflected in the register of political parties, it is a universally known fact and accepted by other administrative and judicial decision-making bodies in the electoral process. According to the decision no. 27, dated 16.03.2023 of the KAS, put into effect by the decision no. 5 dated 27.03.2023 of the Judicial Electoral College, PDSH was represented in the local elections of 2023 with vice-president Mr. Enkelejd Alibeaj, due to that it has been accepted that the chairman Mr. Lulzim Basha has resigned on 21.03.2022. From these evidentiary documents, it is proven that Mr. Lulëzim Basha was not the body that legally represents PDSH to third parties, at the time of the registration of the complaint on 04.04.2022, after his resignation was recognized on 03.21.2022.
Authorization for representation to third parties is a unilateral act of delegation of powers. In the case of the authorization/power of attorney issued by the legal entity, its signatory does not delegate personal fees, but fees that are exclusively related to the relevant task or position. The legal effects of the authorization or its validity ends automatically with the termination or loss of the powers of the person signing the authorization.
With the public resignation of Mr. Lulzim Basha on 21.03.2022, the authorization issued by the latter to Mr. Alibeaj has legally expired and was no longer able to produce any legal consequences. The authorization of Mr. Lulzim Basha dated 15.09.2021 no longer had legal value after 21.03.2022, after his public resignation. The appeals court estimates that Mr. Alibeaj did not have procedural legitimacy in representing the DPSH complainant in the trial and in presenting and signing the "Complaint" act.
In the conditions where the authorized representative, Mr. Enkelejd Alibeaj, filed an appeal against the decision of the court of first instance after the legal effects of the authorization were over, the appeal/appeal presented by this representative is considered as an appeal made by a person who is not legitimate, as a tax-free representative.
For the above, the Court of Appeal assesses that the appeal submitted by the authorized representative Mr. Enkelejd Alibeaj does not meet the formal-procedural prerequisites for its review, as it was signed by a person who is not legitimate to file an appeal and as such based on of Article 450/ç of the CPC, as amended, should not be accepted", it is emphasized in the decision.
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