FLASH
Shkruar nga Pamfleti
The decision of the Constitutional Court, which ultimately defeated the hopes of Fredi Beleri to be sworn in as the mayor of Himara, is clarified.
According to the Assembly of Judges, the applicant's claim that only through the individual constitutional appeal presented to this Court can his right to be elected be put in place is unfounded, since in this case the individual constitutional appeal is not the only means which is guaranteed by the legislation for the protection of constitutional rights, as long as he has started a judicial process before the courts of ordinary jurisdiction with the same object, the objection/repeal of the administrative letter no. 1938/2023, which is related to the limitation of the right to be elected.
In this sense, the court continues, since the petitioner has submitted his claims for opposition/repeal of the act object of request to the ordinary judicial jurisdiction, the Meeting of Judges evidences that they can be subject to the constitutional control exercised by the Court after the end of the process initiated in those courts.
" Consequently, the Assembly of Judges notes that the applicant still has other legal remedies available, which, from the point of view of effectiveness, are able to correct the violated right. For the above, in the sense of article 131, point 1, letter "f", of the Constitution, article 71/a, point 1, letter "a", of law no. 8577/2000, the Assembly of Judges considers that the applicant has not exhausted all the effective legal remedies available before turning to the Court and that in the conditions where this preliminary criterion is not met, the analysis of the fulfillment of other admissibility criteria becomes unnecessary , due to their cumulative character. In conclusion, based on all the reasoning above, the Assembly of Judges assesses that the individual constitutional appeal does not meet the criteria for consideration in the plenary session , "the Constitutionalist emphasizes.
Lini një Përgjigje