FLASH
Shkruar nga Pamfleti
The Supreme Court has returned the case for the DP seal and logo to the Appeal for reconsideration.
Thus the Supreme Court decided to annul the decision of Judge Agron Zhukri and to return the seal of the Democratic Party to the Court of First Instance for a retrial.
" The Civil College of the Supreme Court announces that on 27.12.2023, it considered in the consultation room the case with no. 90600-00296-00-2023 act, with petitioner party: Democratic Party of Albania, represented by the Temporary Commission of Re-establishment, with object: "Deposition of statutory amendments and decision-making of the National Assembly."
At the end of the judicial review, the Civil Board came to the conclusion that the Court of Appeal of the General Jurisdiction Tirana, with decision no. 44, dated 03.03.2023, allowed procedural violations that make the decision given by it vulnerable.
The College finds that the Court of Appeal of the General Jurisdiction of Tirana has not given answers to the requests of the parties in the respective appeals, while it has mainly considered issues for which the parties have not raised as claims in the appeal, and which in any case do not constitute reason for overturning the decision and sending the case for reconsideration.
The College assesses that the claims raised in the appeals presented to the Court of Appeal of the General Jurisdiction of Tirana are issues that could be resolved by that court itself.
In these conditions, the Civil College of the Supreme Court, relying on article 480 and article 485, point 1, letter "c" of the Code of Civil Procedure, decided:
"The annulment of decision no. 44, dated 03.03.2023 of the Court of Appeal of the General Jurisdiction of Tirana and the return of the case for reconsideration in the same court, with another panel of judges "- the Court announces.
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