FLASH
Shkruar nga Pamfleti
The following day, June 11, at 10:00 a.m., the Court of Appeal will consider the issue of the stamp and seal of the Democratic Party.
The jury that will determine the fate of the largest opposition party in the country, consists of Alma Ahmeti, Iliba Bezati and Elona Toro.
We remind you that it was the Supreme Court that on March 18 decided to bring the case back to the Appeal and retry it with another body.
Decision of the Supreme Court
The panel of the Supreme Court assessed that the recourse presented by the requesting party in this trial, the Democratic Party of Albania, represented by the Reestablishment Commission, contains reasons that make the decision given by the Court of Appeal of General Jurisdiction vulnerable.
Three months ago, the Supreme Court decided to overturn the decision of the Court of Appeal of the General Jurisdiction of Tirana, with the argument that "it has allowed procedural violations that make the decision given by it vulnerable". In the 36-page decision, the College of the Supreme Court assesses that the recourse presented by the requesting party in this trial, the Democratic Party of Albania, represented by the Reestablishment Commission, contains reasons that make the decision given by the Court of Appeal vulnerable General Jurisdiction.
According to the Supreme Court, the case should be retried in Appeal by another body. The clarification of the decision paves the way for the initiation of the process in the Court of Appeal. The panel emphasizes that the decision given by the Court of Appeal is the result of a lack of understanding and clear identification of the nature of the dispute, while the trial developed for its review is a result of not conducting a full and comprehensive investigation of the case, as and the wrong interpretation of procedural law norms.
Also, the College assesses that the reasoning of the decision by the Court of Appeal does not meet the standards of the reasoning of a judicial decision, already determined by the jurisprudence of the Constitutional Court and the European Court of Human Rights (ECtHR). The Supreme Court assesses that in the case where the lawsuit or request is presented by a person who lacks the ability to act, the Court of Appeal decides not to accept the judgment of the lawsuit, or to suspend the judgment of the lawsuit.
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", - says the decision.
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.
However, this court has not evaluated and has not taken into detailed analysis the fact whether the statutory changes approved by the National Assembly on 17.07.2021, in which Mr. Lulzim Basha was re-elected Chairman of PDSH, were registered in the register of political parties or no, and whether these changes have produced legal effects.
"Also, the Court of Appeal has not assessed and concluded from the point of view of fact and law what legal effect and significance from a legal point of view the extraordinary meeting of the National Assembly of the PDSH has, as well as the decisions taken in this Assembly, where some of these decisions have to do with the dismissal of the governing bodies of the PDSH (one of which is the President of the PDSH, Mr. Lulëzim Basha) and the creation of new governing bodies, such as the Re-establishment Commission", the decision states.
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