FLASH
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The representative parties of Sali Berisha and Lulzim Basha have arrived at the Court to familiarize themselves with the decision of the Appeal for the seal of the Democratic Party.
Both parties are in the waiting room, but it is learned that they have not communicated with each other.
Present from the Reestablishment DP are Gazment Bardhi, Flamur Noka, Agron Gjekmarkaj, Albana Vokshi, Luciano Boci, Luan Baci and Elda Hoti. While the legal representatives are Oerd Bylykbashi and Ivi Kaso.
Basha's group is represented by the member of the Presidency Endri Hasa, while lawyers are Indrit Sefa and Rezart Kthupi.
Trial on the stamp
The case on the DP stamp was judged in December 2023 in the Supreme Court, which decided to return the case to Appeal. In the decision of March 2024, the Supreme Court requested a trial on the merits, with another panel of judges, from the one that had once examined this case.
In the decision, the Supreme Court Panel assesses that the Appellate did not conduct a full investigation of the case, did not understand the nature of the dispute and misinterpreted the procedural norms and law.
In the clarified decision of the Supreme Court about the seal of the Democratic Party, the College emphasizes that the Court of Appeal, before proceeding to the stage of reviewing the case and considering the decision given by the Judicial District Court, should have gave an answer to the fact whether, the decision taken according to a grace trial, can be appealed to a higher level of judgment by a party, which has not been legitimized either from a formal point of view or from a procedural point of view as a litigant in the judicial process developed in the First Degree", the decision states.
Also, the court emphasizes that the fact that the Reestablishment Commission was established and approved by the meeting of the Assembly of the Democratic Party on 11.12.2021, called according to the statutory provisions by ¼ of the members/delegates of the National Assembly, is proven.
"In this assembly, it has been claimed that one of the decisions taken by him is the decision to dismiss from office the chairman of the PDSH, Mr. Lulzim Basha, whose function is to represent the PDSH subject to third parties. However, despite the fact that the request was submitted by the Reestablishment Commission and the court was invested in a graceful trial, the appeal against the decision given by the Court of the Tirana Judicial District was appealed at the second level of trial by the president of PDSH Lulzim Basha, represented with authorization by the deputy Enkelejd Alibeaj.
"In the justification of its decision, the Court of Appeal has reached the conclusion that Mr. Lulzim Basha continues to be the chairman of the PDSH, limiting its legal reasoning to the fact that the request for relinquishing the function of the chairman of the PDSH by Mr. Lulzim Basha has not been formalized in writing, and it has not been deposited in the register of political parties", the decision of the Supreme Court is cited.
Former Prime Minister Sali Berisha has in his favor a decision given by the judge of the Court of Tirana, Agron Zhukri, who recognized the Reestablishment and the Assembly held on December 11, 2021, at the height of the clashes between Berisha, which Lulzim Basha with a decision of September 9 of the same year excluded him from the parliamentary group after declaring him 'non grata' by the United States of America.
Zhukri's decision was appealed at that time by Lulzim Basha's group, while the case remained on the shelves of the courts for years. It is not known what decision the Appeal may take tomorrow, or how long it will take for this case to get a legal solution, but Berisha's group has given signals that the case will be sent to Strasbourg.
For a long time, Berisha's group has been accusing the Prime Minister of controlling justice. And following the accusations, it is hinted that the Prime Minister, with his influence in justice, will favor Lulzim Basha, giving him the stamp. In such conditions, it seems that the ground has been prepared even if the decision goes in favor of Basha and his group, while it has been warned that the battle will continue in the International Courts.
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