The opposition and the majority will face each other on Wednesday at the Conference of Speakers regarding the demands raised for the mandate of MP Olta Xhaçka.
The meeting was requested by the deputy of the Democratic Party, Gazment Bardhi, since a week ago. The lack of a positive response from the President of the Assembly and the Council of Legislation will postpone the clash on April 3, when the meeting of the conference of the presidents is requested in the work agenda, giving Bardhi the opportunity to present the report for discussion.
Action that comes even after the concern raised by the constitutional court which demands the implementation of the decision.
For a long time, Mazhoranca has not given an answer to the issue of Olta Xhaçka's mandate, even though the request for its removal has been in the Assembly for two years, and there is even a decision of the Constitutional Court for this.
But the speaker of the Assembly, Lindita Nikolla, removed the responsibility from herself in the answer she gave to Gazment Bardhin, clarifying that after examining the issues, it was decided that they should be discussed by the Council for Regulation, Mandate and Immunity. According to her, the request is the object of other bodies of the Assembly and not of the Conference of Speakers, removing the responsibility from itself.
But Gazment Bardhi's reply continued by saying that the position of the Legislation Council has been distorted and that there is no addressing by him of any issue for consideration by the Council for Regulation, Mandates and Immunity.
Bardhi recalls that the Council for Legislation is not a decision-making but an advisory body.
Gazment Bardhi has brought to the attention of the Speaker of the Assembly that the decisions of the Constitutional Court are mandatory for implementation and neither the Assembly nor the Speaker of the Assembly are exempt from this constitutional and legal obligation.
He reminds him, warning him, that according to the law on the Constitutional Court, "Non-implementation or obstruction of the execution of the decision of the Constitutional Court is punished according to the relevant provisions of the Criminal Code", thus referring to articles 320 and 320/a of the Criminal Code.
"The socialist majority must immediately give up the dangerous precedent of ignoring the decisions of the Constitutional Court, because this undermines democracy and the principles of the rule of law. Obstruction of the implementation of the decision of the Constitutional Court in the case of the mandate of deputy Olta Xhaçka, if the circumstances of the case are taken into consideration, creates complete conviction in the public opinion that through concrete actions your majority is obstructing justice in fulfilling its constitutional role. offering unprecedented political protection to a majority MP. In our estimation, this is a political signal for SPAK not to investigate the majority deputy and her family members, for the possible implication in the illegal alienation of public property, or not to investigate the responsible authorities, including Prime Minister Edi Rama, since in Violation of the law and with falsified documents have given the family of MP Xhaçka the status of strategic investor and the legal and financial benefits that come from this status", concludes the letter of the chairman of the DP parliamentary group Gazment Bardhi.
The Democratic Party claims that Xhaçka is in a conflict of interest, as her husband has become a strategic investor. The majority of the members of the Constitutional Court granted the right to the request of 1/10 of the opposition MPs in 2022, overturning as unconstitutional the decisions of the Assembly on the two reports of the Council of Mandates regarding Xhaçka's mandate.
In November 2022, the Assembly decided not to approve the report of the parliamentary minority and to approve that of the majority on the Xhaçka case.
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