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The Democratic Party has addressed the Constitutional Court regarding the establishment of Parliamentary Investigative Commissions. With a request signed by 38 opposition MPs, the Constitutional Court is requested to oblige the Assembly to establish two investigative commissions:
(i) “On verifying the legality of the actions of Albanian officials in relation to former FBI special agent Charles McGonigal”;
(ii) "On the control of the legality of the activities of central and local government bodies, as well as to verify the use of state administration resources for electoral purposes in the elections of May 11, 2025".
The Democrats request from the Constitutional Court that Decision No. 77/2025 of the Assembly of Albania "On the non-approval of the draft decision "On the establishment of the Investigative Commission to verify the legality of the actions of Albanian officials in relation to former FBI special agent Charles McGonigal", be deemed incompatible with the Constitution of the Republic of Albania.
Declaring Decision No. 78/2025 of the Assembly of Albania “On the non-approval of the draft decision “On the establishment of the Investigative Commission to control the legality of the activity of central and local government bodies, as well as to verify the use of state administration resources for electoral purposes in the elections of May 11, 2025”, as incompatible with the Constitution of the Republic of Albania.
Opposition MPs argue that the political majority's rejection of a constitutional right of the opposition makes the role of its MPs in the Assembly not simply negligible, but above all a facade of a false normality that kills the rules and minimum standards of democratic parliamentarism every day.
This has seriously questioned the need for the opposition's presence in the Assembly, but on the other hand, it harms the public interest because MPs cannot exercise their constitutional responsibilities and functions.
If the opposition cannot discuss in the Assembly issues that are of interest to citizens, if it cannot exercise control over the government, if it cannot push forward the adoption of laws/amendments in the interest of citizens, if it does not respect its rights recognized by the Constitution of Albania, then its role in the Assembly is merely formal, failing to fulfill its responsibilities in a democratic society and thus damaging the system of checks and balances between powers, as a guarantee for the democratic functioning of the Albanian state.
Opposition MPs point out that the parliamentary majority is treating the Assembly as a one-party state day after day, where every decision is dictated not by the strength of reason/argument, but by the strength of their cards. It continues to deny the exercise of any parliamentary right of opposition MPs, preventing them from exercising their responsibilities in protecting the public interest. So far, no request from the parliamentary minority for a “motion with debate”, “interpellation with the Prime Minister or ministers”, hearing session in Committees with ministers, or the establishment of Investigative Committees has been accepted.
"We, the deputies of the parliamentary minority, are determined to remain engaged in democratic processes within the institutional system, but we will never agree to the annihilation of parliamentarism or the denial of our constitutional rights. A country that claims membership in the European Union, that violates the minimum rules of democratic coexistence within the Assembly, where the majority has its role and the opposition its responsibilities, cannot be anything more than irresponsible propaganda for a false democratic normality. This false reality can and must be corrected by the system of constitutional institutional guarantees - where the Constitutional Court has the key role." - the request states.
The request of 38 opposition MPs states in summary that the Assembly's decisions to reject two opposition requests for the establishment of two Investigative Commissions conflict with Article 77 of the Constitution and the jurisprudence of the Constitutional Court, because:
• The right of the parliamentary minority to establish an investigative commission has been violated, which cannot be denied or limited through the decision-making of the parliamentary majority. It is a constitutional right that necessarily leads to the establishment of the commission;
• In the specific case, the object of the investigation of the Investigative Committee was in accordance with the nature of this committee, as well as with the constitutional criteria and standards analyzed and addressed by constitutional jurisprudence;
• The cause of the dispute over competence between a quarter of the deputies and the Assembly must be sought in the denial, by the latter (the Assembly), of the constitutional competence of the parliamentary minority to establish an investigative commission with the unconstitutional argument;
• The majority has made no effort and no alternative formulation in relation to the object of the investigation.
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