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Shkruar nga Pamfleti
The socialists in the third mandate seem not to ask about the law, but have taken the role of Maliq and want to challenge the Constitution...
Albania continues to be the land of wonders. Although the prime minister appears daily in the media and is proud of the new justice, it seems that this justice applies when ordinary citizens suffer, because when it comes to the rulers, they are different.
Jorgo Goro was arrested for the affairs in Himare. His arrest was undoubtedly delayed, but the scandal is that those who alienated the properties are free. We are talking about Olta Xhačka and her husband. Artan Gaçi was declared a strategic investor and those who gave him this status, including his wife, are free. But not only that, Olta Xhaçka is still a deputy, although we are in flagrant conditions of conflict of interest.
In 2022, the DP made a request to the Assembly to remove the mandate of the deputy, but the SP with maneuvers has dragged the case for two years. Initially, the SP dismissed the request, but the DP referred you to the Constitutional Court, which decided to re-vote the DP's report and once it is approved, the file goes to the Constitutional Court. It is the latter that decides whether or not we have a conflict of interest. But knowing that Xhaçka will not be saved in the Constitutional Court, the SP has blocked the case.
In recent days, the DP has requested the initiation of discussions on this case, but the SP seems determined to keep Xhačka in the Parliament. However, with these actions, the SP is openly violating the Constitution and the Rules of the Assembly. There are 3 articles that are being violated with both feet.
Article 70 of the Constitution
The demand of the democrats is based on Article 70 of the Constitution, which states: " Deputies cannot perform any profitable activity that originates from the property of the state or local government, nor can they acquire property of these." For any violation of paragraph 3 of this article, with the motion of the President of the Assembly or one tenth of its members, the Assembly decides to send the case to the Constitutional Court, which determines the incompatibility ".
Article 119/1 of the Regulation of the Assembly
Whereas in Article 119/1 of the Regulation of the Assembly, the steps to be followed by the Assembly after submitting the request are determined. According to this article, the Assembly does not discuss the presented motion and does not subject it to the parliamentary debate, as it does not go into the essence of the case to assess whether the alleged concrete actions performed by the deputy are incompatible with his mandate.
" For any violation of the restrictions of this article, the case is sent without delay to the Constitutional Court. The Assembly, through the Council for Regulation, Mandates and Immunities, verifies whether the submitted motion meets the legal-formal requirements, such as the number of signatory members, the existence of documentation and evidence that support the submitted motion, verifies the moment the deputy receives the mandate, verifies if the motion fulfills the constitutional criteria provided for in point 3 of Article 70 of the Constitution for setting the Constitutional Court in motion, as well as taking care of the observance of the parliamentary procedure for voting on the motion in the plenary session, in accordance with the provisions of its Regulation , it is stated in the article. According to him, assessing whether or not we have a conflict of interest is a matter that belongs exclusively to the Constitutional Court.
Article 132 of the Constitution
The most scandalous case is that the SP gives itself powers to go over the Constitutional Court. The latter has made a decision for more than a year, forcing the Assembly to vote for Xhaçka's mandate and send the report to this court. But the SP is openly violating Article 132 of the Constitution, which states: " Decisions of the Constitutional Court are final and binding for implementation ." So after 3 years in government, the socialists have committed more evil to us that they have gone above the law. / Pamphlet
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