The non-implementation of the Constitutional Court's decision is not the responsibility of this body, but a significant indicator of the level of democracy in the country. This was stated by the President of the Constitutional Court, Holta Zaçajt, during a press conference when asked by A2CNN whether the constitutional body has considered resigning en bloc to restore moral authority in the country, in conditions when the Assembly does not implement its decisions, as in the case of Olta Xhaçka's mandate.
"The court serves and must be functional to maintain constitutional order. The implementation of decisions is an obligation for all bodies, it is not an obligation of the court. There are a number of mechanisms, whether in our organic law, in the Criminal Code, or in the specifications of the Council of Ministers for the implementation of decisions. If a body chooses not to implement this is another indicator of the level of democracy and the rule of law in our country", said Zaçaj.
Another issue that has created an institutional impasse and conflict is her mandate, where the President and the Supreme Court have requested the initiation of procedures to replace the chairwoman. Zaçaj himself gives the Head of State the right in this institutional conflict, but adds that the issue has not yet been resolved.
"The way the President has acted in this specific case is the right way, in accordance with the decision of the Constitutional Court, which will review this matter and will evaluate all the issues raised by the appointing authority, in accordance with constitutional principles, as well as constitutional jurisprudence itself. Currently, the case has been registered as such and is awaiting its preliminary review."
Asked if there was information that SPAK had conducted wiretapping on the constitutional body, Zaçaj said that in the absence of information, he had turned to Altin Dumani.
"The Court has no information regarding what has been written about a possible or alleged wiretapping of judges of the Constitutional Court. The body decided to address Mr. Altin Dumani with a request for information, for any report or investigation against any judge, as long as the alleged actions refer to a concrete decision-making of the Court to which SPAK itself is a party. We have not yet received a response."
The President of the Constitutional Court explained that she has not been informed by any judge about any interference or other form of inappropriate influence, while there was talk in the media about pressures regarding the decision on the SKY-ECC case. (A2 Televizion)
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