The head of the Parliamentary Group of the Democratic Party, Gazment Bardhi, has reacted regarding the opinion of the Venice Commission on the mandate of Olta Xhaçka.
Bardhi, through a reaction on Facebook, wrote that the opinion of the Venice Commission confirmed once again that the position of the majority for the mandate of MP Olta Xhaçka was a constitutional coup against the rule of law.
He also adds that the Venice Commission clearly confirms 'the justice of the opposition's battle, reiterating that there can be no political discretion to respect and implement the decisions of the Constitutional Court.'
We recall that "Venecia" says in its opinion that all authorities, including the Parliament of Albania, are obliged to implement the decisions of the Constitutional Court.
White's reaction:
I gratefully greet the Venice Commission for the professional opinion that confirms once again that the position of the majority was a constitutional coup against the rule of law.
The Venice Commission clearly confirms the justice of the opposition's battle, reiterating that there can be no political discretion to respect and implement the decisions of the Constitutional Court. In the specific case from which this request was raised, the Constitutional Court has made two decisions and the effective implementation of these decisions should not be conditional on voting by the parliamentary majority.
Once again, the deception of the President of the Assembly with fake news spread a few days ago was revealed. The Venice Commission has given the biggest slap during these 34 years to a majority, confirming internationally that the non-implementation of the decisions of the Constitutional Court with a political vote is unprecedented.
Essential attitudes of the Constitutional Court:
????Paragraph 20:
The Assembly argues that the latter scenario is applicable in relation to Article 70(4) of the Constitution since the provision states that the Assembly "decides" to send the case to the Constitutional Court. However, the Commission would like to emphasize that in this specific case the Constitutional Court of Albania has already given a decision that the Assembly was forced to send to the Constitutional Court the motion for the incompatibility of the mandate of the specific deputy.
????Paragraph 22:
In light of the above, questions number 1 and 3 should not be seen as free mandate issues, as there can be no political discretion to respect and implement the decisions of the Constitutional Court. In the specific case from which this request was raised, the Constitutional Court has made two decisions and the effective implementation of these decisions should not be conditional on voting by the parliamentary majority.
????Paragraph 57:
The compliance of all authorities with the decisions of the Constitutional Court is based on the principle of constitutional loyalty as an element of the rule of law. Such compliance should not be conditional on a parliamentary majority vote, but is an essential requirement of the rule of law. When the decision of a Constitutional Court interprets the Constitution as limiting the decision-making power of the Parliament, the latter must take a decision in accordance with the judgment of the Court and vote on the limited issue as determined by the Constitutional Court. (A2 Televizion)
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