FLASH
Shkruar nga Pamfleti
The official Democratic Party headed by Lulzim Basha has filed a report of abuse of office for the Speaker of the Assembly, Lindita Nikolla, in SPAK.
According to the report made by the DP led by Lulzim Basha, it does not result that the Assembly of Albania has fulfilled the obligation to implement the Court's decision on the realization of the vote of the emigrants, the diaspora.
The report states:
"On the Assembly of Albania, in the capacity of the public body (litigant in that trial) charged directly with the decision of the Constitutional Court number 38, dated 09.12.2022, the obligation to implement this decision, within a period of 1 year from the date of entry into force of the decision itself (the last day of fulfilling the 1-year deadline is dated 12.01.2023)"
"The initial reason for this report is the fact that the Constitutional Court has issued its decision, number 38, dated 09.12.2022. In the enacting clause of this decision, in points 2 and 3, the Court has decided: 2. Finding the violation of the constitutional right of immigrants to vote in the elections for the Assembly, due to the legal gap. 3. Obligation of the Assembly to fill the legal gap within one year. Thus, it results that the Assembly of Albania, in the capacity of the public body (litigant in that trial) charged directly with the decision of the Constitutional Court number 38, dated 09.12.2022, is burdened with the obligation to implement this decision, within a deadline 1 year from the date of entry into force of the decision itself (the last day of fulfillment of the 1-year deadline is dated 12.01.2023).
Moreover, the obligation consists in "filling the legal gap", i.e. the approval of additional normative rules, of the rank of law, a process that according to the Constitution is the exclusive competence of the Assembly of Albania.
Until the filing date of this report, based on public information, it does not result that the Assembly of Albania has fulfilled the obligation to implement the Court's decision" , the report states, among other things.
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