
MP Ina Zhupa has called the decision of the Constitutional Court judges to reject the DP's request regarding changes to the Law on Protected Areas a ploy to wash their hands.
In a Facebook post, Zhupa said that the 4-4 vote against the DP's request is a trick used time and again to maintain the government's status quo by playing catch-up. She added that the Protected Areas will be protected and warned that she would take the matter to Strasbourg.
"The Constitutional Court's tricks to wash its hands of the destruction that awaits the protected areas in Albania do not stop us! In Strasbourg for the protection of the country! From today we no longer have protected areas! The 4-4 division, where 4 judges admit that there is a constitutional violation and 4 judges think that there is not, leads to the rejection of the request and why they cannot decide whether or not it is unconstitutional. This equality has been used in other cases as a trick to decide without deciding, to preserve the government's status quo while making a show.
This practice is condemned by the European Court of Human Rights in Strasbourg, where in the case of Marini v. Albania, 2007 it is stated that "it follows that the provision for the equal distribution of votes does not serve legal certainty and may deprive the complainant of the effective right to a final decision on his request to the Constitutional Court". They cannot hide behind the law, where there is no legal or moral reason why the four who think there is no violation should prevail over the four who argue that there is a violation?!
As for the above, we will go to Strasbourg to find the right denied by the Albanian justice. It is a disaster for the country that they leave an unconstitutional law in force and a failure for the Constitutional Court. The shame remains with the court, we are being overthrown without being overthrown with tricks that do not even respect European standards.
Despite this, I would also like to thank the environmental organizations for participating in every part of the process and for providing the court with materials on the European standards protected by the conventions to which Albania is a party. I also thank the two esteemed lawyers Marash Logu and Franci Nuri for their work. Protected areas will be protected, because the constitution protects them and because we have an obligation to future generations to leave an Albania better than today and not concreted and destroyed by the greed of the clients of power ,” writes Zhupa.
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