The Constitutional Court's unclear decision regarding the mandate of the chairwoman of this body, Holta Zaçaj, seems to have disappointed the President of the Republic, who was expecting to find clarification regarding the mandates of the other two members.
Under these conditions, Bajram Begaj asks the Constitutional Court to open the vacancy for the mandate of Sonila Bejtja, as well as to express its opinion on the procedure followed by the Assembly for Elsa Toska.
President Bajram Begaj publicly criticized the Constitutional Court and the reason for this was the procedure initiated for its renewal with three members.
According to the head of state, who is one of the three appointing bodies of the constitutional body, the Court should have declared the vacancy for the mandate of member Sonila Bejtja, a mandate that is filled by the President of the Republic.
The Constitutional Court should have completed the procedure for declaring the mandate of Judge Bejtja and notified the President of the Republic of the vacancy before 25.1.2025. Not only has this not happened, but there is also no public announcement by the Constitutional Court in this regard.
Bajram Begaj argues this criticism with the fact that at the end of December, the constitutional body made a decision to end the mandate of Holta Zaçaj, but had not said a word about the mandate of Sonila Bejtja.
The Constitutional Court has declared the end of the mandate for Judge Zaçaj, but has not acted to declare the end of the other two mandates that are included in the first renewal after the entry into force of the 2016 amendments. If the end of the other two mandates is not declared and the justification given for Judge Zaçaj's mandate does not apply to the other two mandates, there cannot be a partial renewal of the Constitutional Court in 2025.
The renewal of the Court must be done with three members, one for each appointing body between the Supreme Court, the President and the Assembly. And it is precisely the mandate of the Assembly that has created the greatest constitutional impasse in the replacement of members of the body. This is because Elsa Toska's mandate was to end in 2025. The latter resigned in the fall of 2024 and the Assembly opened the procedure not for a full mandate, but for a supplementary mandate for Toska, which practically rejects the renewal formula.
This factual situation made it necessary for the Constitutional Court to clearly express itself also for the other mandate, which is the designation of the Assembly, because the further proceeding of the Assembly with the procedure opened for a supplementary mandate also loses the meaning of the obligation for partial renewal that the Constitutional Court has defended with its decision.
In his letter, Begajt reminds the Constitutional Court that it cannot ignore his concern, since the President of the Republic is one of the authorities that enjoys the right to set in motion the body of judges. (A2 Televizion)
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