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The report of the Legislation Council is clarified, the vote for Xhačka's mandate is left to the deputies...
Maybe Edi Rama has changed his mind about Olta Xhaçka's mandate? Although a few weeks ago it looked like PS decided to give up and end the game, it looks like we have another maneuver.
Today, the Assembly disclosed the reports of the majority and the opposition in the Council of Legislation on the mandate of the socialist deputy. What is noticeable is that SP seems to be doing the same thing again.
The first time, it was left up to the deputies whether or not the issue of Xhaçka's mandate would be sent to the Constitutional Court. It seems that the same thing will happen this time as well. In the report drawn up by the socialists, it is specified that the case must go to a plenary session and then it is the vote that decides.
" Article 132 of the Constitution expressly states: "Decisions of the Constitutional Court are final and binding for implementation". For the above and in compliance with Article 132 of the Constitution, the members of the majority in the Legislation Council recommend to the Speaker of the Assembly to make available and inform the plenary session of the Assembly of the full decision of the Constitutional Court no. 55, dated 10.07.2024. It is the plenary session as the decision-making body of the Assembly, which must decide to send the issue of the incompatibility of the mandate of MP Olta Xhaçka to the Constitutional Court, referring to Article 70, point 4 of the Constitution and the orders of the Constitutional Court in the provision and reasoning of its decision no. .55, dated 10.07.2024. For this reason, in the nearest plenary session of the Assembly, this issue should be included in the agenda for voting as a draft decision "On sending to the Constitutional Court the motion of 1/10 of the deputies for the incompatibility of the mandate of the deputy Olta Xhaçka ", the SP document states.
So at no point is it specified that they will send it to the Constitutional Court, but they ask for it to be voted on. Last time too, the same thing happened. The draft decision was of the same form and the colleagues defended Olta. Today, at the group meeting, this was discussed, and once again Niko Peleshi, when asked by journalists, was not clear. In short, on Thursday it is no surprise that we will have another vote against the Constitution.
Meanwhile, in the report drawn up by DP, everything is clear: " 1. The President of the Assembly must include in the first plenary session for decision-making by the Assembly the draft decision "On sending to the Constitutional Court the motion of no less than 1/10 of deputies for ascertaining the incompatibility of the mandate of the deputy Mrs. Olta Xhaçka".
2. The President of the Assembly must inform the Assembly that she must decide to send to the Constitutional Court the motion for the incompatibility of the mandate of MP Olta Xhaçka, without delay, to pave the way for the Court to exercise its constitutional powers.
3. The President of the Assembly must inform the deputies of the Assembly of Albania that in this case they have the obligation to implement the Constitution and the law, which compel only the vote "PRO" to the draft decision "For sending to the Constitutional Court the motion of not less than 1/10 of MPs for ascertaining the incompatibility of the mandate of MP Mrs. Olta Xhaçka", because the deputies of the Assembly of Albania must execute a concrete obligation arising from a decision of the Constitutional Court.
4. The President of the Assembly must inform the Assembly about the findings and recommendations given in this advisory opinion by the members of the Council for Legislation .
But this report will probably be rejected and the socialist draft will be voted on. It remains to be seen how it will proceed on Thursday, but the SP is giving signals that it no longer asks about laws and courts. / Pamphlet
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