FLASH
Shkruar nga Pamfleti
The head of the Socialist Party parliamentary group, Taulant Balla, reacted sharply to the decision of the Administrative Court that overturned the expulsion of six Democratic Party deputies from the Assembly. He described the decision as an error and interference in the powers of the legislative power.
Through a video posted on social media, Balla declared that the court had exceeded its jurisdiction and entered an area that, according to him, belongs exclusively to the Assembly. He argued that disciplinary measures against MPs are based on the Rules of Procedure of the Assembly and are handled by parliamentary bodies.
We recall that the day before, the Administrative Court of First Instance, following a lawsuit filed by the Democratic Party, annulled the disciplinary measures against six opposition MPs. The court's decision deemed the measures of exclusion for 30 days from the proceedings of the Assembly and parliamentary committees illegal, finding that they were taken in violation of the law.
Balla's full video message
The Administrative Court (first instance) has reviewed and even made a decision on disciplinary measures against DP deputies, who, like four months ago today, threw flares and blocked the work of the Assembly by force. First of all, congratulations to the judge, or judge, who completed this process so quickly. I hope that decisions will be given so quickly even for complaints of ordinary citizens, for real problems. Because completing a judicial level in Albania in so few days is a record. But the essence of the matter is a mistake in the subject for whoever may have given this decision. Perhaps the judge or judge does not know that the Supreme Court of our Republic has consolidated the practice in a previous case by sanctioning the non-crossing of the judicial fence into the legislative field for these disciplinary measures.
It is universally known that courts do not have jurisdiction to adjudicate these types of disciplinary measures, because these are acts of parliament and cannot be subject to review by the judiciary.
Except in the case when the special law on the status of the deputy or the Rules of Procedure of the Assembly would expressly provide for this possibility. Neither the law nor the Rules define this possibility. In these cases, the principle of autodichia operates, meaning that it is the bodies of the parliament itself that judge themselves and no one else. Exceptions must be expressly provided for in the Constitution, or in a special law. Otherwise, it cannot enter the fence.
In the Italian parliament, for example, “disciplinary proceedings against senators and deputies are regulated by the internal regulations of each chamber, with the aim of the correct conduct of parliamentary work and the dignity of the institution”. The competent body for the trial is within the respective chamber. And there the procedure is closed. There is no Court where an appeal can be made. The same practice is in every other parliament. France too. The courts, both in France and in Italy (the high administrative courts in these countries) have determined that the courts cannot examine these types of cases, because they are the exclusive competence of the assembly or parliament. Now who will react, the Supreme Court of Justice, the ILD or the associations?
Lini një Përgjigje