Ilir Meta could regain his freedom a few days after the May 11 elections. With the guarantee of a secure position on the lists of candidates for deputies, offered by his ally Sali Berisha, the mandate of the deputy makes the arrest measure issued by the Special Court fall. Precedents exist and the State Election Commissioner seems to be aware, although for the moment he refuses to speak in personal pronouns.
In the event that Mr. Meta becomes an MP in the May 11 elections, what happens next? I remember that we had a similar case in 2001 with Azgan Haklaj in Tropoja and at that time you were the CEC Chairman, the CEC chairman was asked by journalists.
"I cannot at this moment make a decision on an issue that could potentially be the subject of review by the commissioner and even by other institutions," Celibashi responds.
The legal effects of parliamentary immunity are related to the moment the deputy's mandate begins, a case for which Ilirjan Celibashi cites the Constitution, emphasizing that the candidate is considered a deputy from the moment of being declared as such by the relevant electoral commission.
"What the Constitution provides is that every candidate for deputy who is declared the winner wins the mandate from the moment the relevant electoral commission confirms him as such, as the winning candidate."
The legal reference cited by Celibashi is Article 71 of the Constitution, which in point 1 stipulates that "the mandate of a deputy begins on the day he is declared elected by the relevant election commission."
What complicates the situation is Article 72 of the Constitution, which states that “before beginning the exercise of their mandate, deputies shall take the oath in the Assembly.” Furthermore, during the session of the Parliament’s constitution, a committee composed of deputies is established to verify the mandates, another procedural step that – depending on political will – could be used to oppose Ilir Meta’s release. (A2 Televizion)
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