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Gazment Bardhi has reacted after being included in the publication of 30 names who signed the request to the Constitutional Court to save Sali Berisha from arrest.
He has justified himself by saying that the request is neither for nor against the arrest, but to definitively interpret Article 73 of the Constitution regarding the immunity of the deputy.
He writes that the position of the DP parliamentary group that the prosecution in the case of coercive measures against a member of parliament must obtain authorization from the Assembly, regardless of who is the member of parliament for whom the request is submitted, is a public position since October 23, 2023.
"The request to the Constitutional Court is neither for nor against any arrest, but to definitively interpret Article 73 of the Constitution regarding the immunity of the MP. The Assembly has set a standard in the "Tahiri" case, a standard that was applied differently by the prosecution in the "Berisha" case.
In order to finally clarify this issue and to decide what is the appropriate constitutional standard, the parliamentary group has asked the Constitutional Court for an interpretation of Article 73 of the Constitution.
In order for the Constitutional Court to have interpretation competence, there must necessarily be a conflict or a concrete issue, otherwise the Constitutional Court does not have the competence to interpret the constitutional provision.
The position of the DP parliamentary group that the prosecution in the case of coercive measures against a member of parliament must obtain authorization from the Assembly, regardless of who is the member of parliament for whom the request is submitted, has been a public position since October 23, 2023.
This position is based on the standard that the Assembly itself has applied in the past. As it is also public, our position is that we support equality before any law and that we are in favor of the fact that MPs should have zero immunity. For this, the Constitution needs to be changed, which should be respected without being changed", said Bardhi.
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