FLASH
Shkruar nga Pamfleti
SP has decided not to release Olta Xhaçka, while they have decided not to send her mandate to the Constitutional Court.
It seems that the Socialists will not withdraw and will not take the mandate of MP Olta Xhaçka to the Constitutional Court.
The head of the Socialist Party group, Bledi Çuçi, said that the Constitutional Court cannot impose the vote on the deputies, accusing them of trying to create a new legal norm that goes beyond its duties.
"In this particular case, an ambiguity has been created regarding the fact that a deputy or all deputies must vote in a certain form, forced not by the will that has been delegated by the voters or not. This is a debate that has not received and has not been addressed even by the decision of the Constitutional Court. On the contrary, the Constitutional Court in our judgment tried to create a new constitutional norm, which the Constitution does not allow. The Constitutional Court does not create new norms. The Constitutional Court verifies whether the existing norms are in accordance with the Constitution or not", he said.
According to the head of the SP group, the Constitution recognizes the independence of the MP to vote in a way he deems fit.
"Even the Constitution says that the deputy is not even responsible for his vote. It is article 73", said Çuçi.
After mentioning only two cases where, according to him, deputies are forced to vote in a certain way, Çuçi said that the solution to this impasse is an opinion of the Venice Commission.
"In no case can you impose on the deputy how to vote. This is our position. Let's come to the Constitutional Court. If there is a debate about this, is what I say and the quote I make directly to the Constitution or not, we have decided to resolve this impasse created with the Constitutional Court to ask for an interpretation or opinion from the Venice Commission telling him that if another non-parliamentary institution, be it the Constitutional Court, can impose the will of a deputy on how he should vote or not? I believe that it is a constitutional debate that we must get an interpretation", he said.
Çuçi emphasized that the Constitutional Court itself, despite having 9 members, came up with 3 different opinions. He further added that the court had the space to address the issue of the mandate and in the end took a dismissal decision. So his answer was this.
"We have to get an opinion because there is a constitutional conflict at this point. As a deputy, the Constitution tells me to be independent to vote because the people have delegated sovereignty to you. About 14,000 voters voted for me and I am independent in my vote. Not only independent, but I am not even responsible for the vote I cast. Should I be imposed by a part of the Constitutional Court because there are 3 parts of the Constitutional Court that have different minds on this issue", said Çuçi.
We remind you that the Constitutional Court has ordered the Assembly of Albania to urgently send the motion submitted by the opposition for the review of the mandate of the socialist MP Olta Xhaçka. According to the president of the "Constitutional Court", Holta Zaçaj, "no body has the right to question or not implement the decisions taken by the Constitutional Court".
We remind you that the Assembly of Albania decided on April 11, 2024 to reject the request of the Constitutional Court to bring the interpretation of its mandate to this court.
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