FLASH
Shkruar nga Pamfleti
For the first time in history, the majority came out on top of the Constitution, refusing to remove the madat from Olta Xhačka...
Anxiety returns for Olta Xhaçka as it pertains to the mandate of the deputy. In an unprecedented vote on April 11, the parliamentary majority decided to block the implementation of the decision of the Constitutional Court, which asked the Assembly to send for interpretation to this court the examination of the incompatibility of the mandate of the socialist deputy.
For the first time in history, the majority prevailed over the Constitution. This was contested by the PD, which brought a lawsuit to court. The Constitutional Court has decided today that on June 21, it will consider the lawsuit of the opposition.
In the DP's request, it is stated that the implementation of the decisions of the CJK is mandatory and the foundation on which a rule of law is built.
" Neither the Assembly nor any public institution can declare "sovereignty" against the decisions of the Constitutional Court, because this would undermine the constitutional principle of "balance and control between powers", calling into question the very existence of the democratic state, because it would take the clear features of an institutional constitutional coup ", the request states. It remains to be seen now what the court's move will be, will it oppose the Assembly, or will it submit to Rama's dictates.
It was the PD that made a request to remove the MP's mandate, claiming that she is in a conflict of interest. "Pamphlet" has published dozens of facts about how Artan Gaçi was favored as a strategic investor.
Artan Gaçi has acquired 8,000 square meters of land in Himare. Specifically, for 8000 m2 of land and beach, which they received for the resort "Dreamades Luxury Suites" Gjileke-Himarë, Artan Gaçi and Olta Xhaçka, they paid 70 thousand lek fee for administrative services and 15 thousand lek fee for managing investment procedures strategic.
But for SP we have no conflict of interest by kicking the Constitution. The majority even gave itself the competence to interpret the decisions of the Constitution.
" The majority appreciates underlining that the Assembly, in exercising its constitutional powers and in the capacity of the body that creates constitutional norms, is the first interpreter of the Constitution. In this sense, the decision of the 2022 Assembly was made to approve the report of the parliamentary majority not to send the motion for the incompatibility of the mandate to the Constitutional Court. The Constitutional Court is the final interpreter of the Constitution. Consequently, the Assembly has the obligation to implement not only one of its decisions, but all the decisions of the Constitutional Court in full harmony as the final interpreter of the Constitution. Under these conditions, the Assembly is in a situation of impossibility to act differently, since it has to choose which position of the Constitutional Court to respect between the different standards of 2016 and 2023. Also, on the other hand, the group of 1/5 of deputies, as explained above, have been denied the right to appeal to the Constitutional Court provided for in the Constitution and the organic law of the Constitutional Court, in provisions that are still in force ", said the SP report.
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