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Aktualitet2024-04-10 11:09:00

The DP's report on Olta Xhačka is clarified: the constitutionalist should establish the incompatibility of the mandate

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The DP's report on Olta Xhačka is clarified: the constitutionalist should

The report of the DP regarding the mandate of MP Olta Xhaçka is published. The PD group has emphasized that the case will be sent to the Constitutional Court.

According to this report, the Constitutional Court must determine the incompatibility with Xhaçka's mandate.

The report also emphasizes that the Constitutional Court has reasoned that this decision-making cannot be evaluated by the Assembly.

"The Constitutional Court in decision no. 1/2023 has reasoned that: "In view of the above, as well as the circumstances of the specific case, the Court notes that the Assembly cannot assess on the subject whether the member of parliament in question, through her husband, has carried out profitable activities that originate from the property of of the state or local government, and if she has acquired property from these, as well as if the actions or inactions of the deputy, through her husband, constitute a violation of point 2 or 3 of article 70 of the Constitution. In other words, according to the Court, the issue of assessment of incompatibility in the exercise of the mandate of the deputy, who through her husband may have exercised profitable activities originating from the property of the state or local government and have acquired property from these, referring to the facts, does not belong to the assessment of the Assembly, but to the assessment of to this Court", says the Democrats' report.

Among other things, the report says that the issue should be evaluated by the Constitutional Court.

"Sending the case to the Constitutional Court to ascertain the incompatibility with the mandate of the deputy Mrs. Olta Xhacka, according to the Motion presented by 1110 deputies of the Assembly of Albania", demand the democrats.

 

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