FLASH
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Is the president of the Constitutional Court being attacked legally or politically?
Holta Zaçe is considered one of the investments of American diplomacy in the selection as the head of the Constitutional Court.
She has a 20-year background as a local partner of American projects in Albania, and she left America to become part of Washington's plans for new justice in Albania.
Holta is a woman educated in the West and not consumed by politics and not talked about any corruption affair, today she is in the middle of the anti-constitutional storm.
A strong debate has erupted about the seizure of the Constitutional Court, but unfortunately out of the attention of the media and the international community.
The Constitutional Court, which during this year has given several historic decisions while facing political pressure, is facing "operation broom" which may bring state consequences.
Is the president of the Constitutional Court being attacked legally or politically?
The Supreme Court has just created a precedent with consequences for the independence of Constitutional institutions.
Yesterday, the President of the Constitutional Court, Holta Zaçe, was forced to turn to the Venice Commission to interpret the Supreme Court's decision to replace her before the deadline set in the Constitution.
Judge Holta Zaçaj began to exercise her duties as a member of the Constitutional Court on January 25, 2023 and succeeded Judge Vitore Tusha, who completed her duties as a constitutional judge on March 10, 2017.
Based on Article 129 of the Constitution, the judge of the Constitutional Court begins his duties after taking the oath before the President of the Republic.
Clearly, Holta Zaçe has started exercising her mandate on the day of the oath and not before it.
Meanwhile, the composition of the Constitutional Court is renewed every 3 years with one third of it, according to the procedure established by law.
Article 179/3. of the Constitution, in order to regularly renew the composition of the Constitutional Court, the judge who will replace the judge whose term ends in 2017, will remain in office until 2025.
The inclusion in the mandate of 2025 is both regulatory and exhaustive in legal interpretation because it means the exercise of the mandate by Holta Zaçe throughout the year 2025 and not the interruption in the first two months.
The mandate of judge Holta Zaçaj is regulated by article 179, point 3, of the Constitution, which provides that, in order to regularly renew the composition of the Constitutional Court, the judge who will replace the judge whose mandate ends in 2017, will remain in office until 2025.
Given that, neither the constitutional provision, therefore nor the decision of the Supreme Court for the election of the constitutional judge, has a date determined for the completion of this task, based on the general legal rules for the calculation of deadlines, as a deadline of the exercise of the duty will have to be considered the end of 2025.
The date of the end of the office of the previous judge, in cases where he has completed the full mandate, is not referred to by the Constitution or the law as a legal event, which also determines the end of the mandate of the subsequent judge.
Even in institutional practice, it does not appear that such a rule has been applied in determining the date of completion of the exercise of the duty of constitutional judges.
Consequently, the date March 10, 2017, which refers to the date on which Judge Vitore Tusha finished her duty, is not decisive for the termination of Ms. Holta Zaçaj as subsequent judge.
Holta Zaçe did not receive half of the unfilled mandate from Vitore Tusha as the latter finished the full mandate.
The aim of the "occupiers" of the Constitutional Court is not only to remove Holta but also two other judges, Ilir Toska and Sandër Beci, by shortening the mandate with the same practice.
The Supreme Court has no legal reference as to when the mandate of the three judges, Zaçe, Toska and Beci, ends. In these conditions, the general principles apply that when there is no date, the term ends on December 31 of the year provided for by the Constitution.
Holta Zaçe must exercise her mandate throughout the year despite the fact that the opposition and the government do not want her.
The question is, will the US keep silent about the coup that is happening at the top of justice and precisely in the attempt to remove the most pro-American man supported by so many of them?
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