FLASH
Shkruar nga Pamfleti
After the Speaker of the Assembly replied yesterday about the reasons for the non-implementation of the decision of the Constitutional Court for the mandate of Olta Xhaçka, the Chairman of the Parliamentary Group of the Democratic Party has officially responded today.
In the letter addressed to the Speaker of the Assembly, Lindita Nikolla, the head of the democratic parliamentary group emphasized that the position of the Legislation Council has been distorted and that there is no addressing by it of any issue for consideration by the Council for Regulation, Mandates and Immunity.
Bardhi recalls that the Council for Legislation is not a decision-making but an advisory body.
"Given that the Council of Legislation presented two positions in the report it presented to the Speaker of the Assembly, then this issue should be discussed at the Conference of Speakers, as the responsible parliamentary structure for organizing the work of the bodies within the Assembly." - writes Bardhi.
Further, the Chairman of the DP parliamentary group emphasizes that "if you, as the Speaker of the Assembly, have supported the advice of 5 members of the majority, to delay this issue, then you had the constitutional and legal obligation to immediately transfer the issue to review by the Council for Regulation, Mandates and Immunity and call a meeting of this Council. It is a fact that for 1 year and 2 months, and especially since July 2023 when the work of the Council of Legislation ended, you have not followed any of the above procedures." - said in the official letter addressed to the Speaker of the Assembly.
Gazment Bardhi has brought to the attention of the Speaker of the Assembly that the decisions of the Constitutional Court are mandatory for implementation and neither the Assembly nor the Speaker of the Assembly are exempt from this constitutional and legal obligation.
He reminds him, warning him, that according to the law on the Constitutional Court, "Non-implementation or obstruction of the execution of the decision of the Constitutional Court is punished according to the relevant provisions of the Criminal Code", thus referring to articles 320 and 320/a of the Criminal Code.
Bardhi asks Nikola to choose whether to call a meeting of the Conference of Presidents or the Council of Regulation, Mandates and Immunity, but without any further delay.
"The socialist majority must immediately give up the dangerous precedent of ignoring the decisions of the Constitutional Court, because this undermines democracy and the principles of the rule of law. Obstruction of the implementation of the decision of the Constitutional Court in the case of the mandate of deputy Olta Xhaçka, if the circumstances of the case are taken into consideration, creates complete conviction in the public opinion that through concrete actions your majority is obstructing justice in fulfilling its constitutional role. offering unprecedented political protection to a majority MP. In our estimation, this is a political signal for SPAK not to investigate the majority deputy and her family members, for the possible implication in the illegal alienation of public property, or not to investigate the responsible authorities, including Prime Minister Edi Rama, since in violations of the law and with forged documents have given the family of MP Xhaçka the status of a strategic investor and the legal and financial benefits that come from this status." - ends the letter of the chairman of the DP parliamentary group Gazment Bardhi.
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