FLASH
Shkruar nga Pamfleti
The Socialist Party's questions addressed to the Venice Commission were clarified, as the majority asked for an opinion regarding the clash of powers of the Assembly and the Constitution.
The SP will turn to the Venice Commission for an opinion on the clash between the Assembly and the Constitutional Court for the mandate of the deputy, deadlock between the two institutions that arose after the "Xhaçka" case.
In the report sent to the Assembly, the SP's questions about the Venice Commission were also made known:
1. Based on the principles of representative parliamentary democracy, can MPs be forced to vote in a certain way?
2. If there are such exceptions, what are they and are they related to the case of motions for the compatibility of the mandate of a deputy? What are the standards for determining the incompatibility of the deputy's mandate by the legislative bodies of different states and what is the role of the respective legislative body in determining the incompatibility of the deputy's mandate?
3. On the basis of which standards will the relationship between the representative, non-binding mandate that MPs enjoy and their role as members of the Assembly have to be interpreted in the case of considering motions for the incompatibility of the mandate of the MP?
4. What is the role of the legislative body regarding the determination of the incompatibility of the mandate of the deputy in other states and is there a judicial control over their decision-making? If so, in what relation is the competence that the legislative body has in this procedure, compared to the competence of the relevant court?
5. Which of these bodies exercises essential control of the motion to establish the incompatibility of the mandate of the deputy? What is the entity that is legitimized to send the case to the designated court?
Lini një Përgjigje