"Opinion of Venice, a blow to Rama", DP: The Assembly must implement the decisions of the CJK, opposition constitutes a criminal offense

The democrats interpret the opinion of the Venice Commission quite differently from the socialists. In a statement to the media, Oerd Bylykbashi said that based on this opinion, the Assembly should implement the order of the Constitutional Court to send the case of deputy Xhaçka to it for consideration. Bylykbashi described the opinion as a strong blow for Edi Rama, stressing that any action of the Assembly contrary to the decisions of the Constitutional Court constitutes a criminal offense.

"The Venice Commission overturns the attempt of Edi Rama and the socialist majority to hide behind the constitutional principle of banning the mandatory mandate or otherwise the free mandate of the deputy. The Venice Commission emphasizes that this principle means that the deputy is a deputy of the Republic, a representative of the people and is free in his views and vote from the will of the party that nominated him, represents him or even of the electorate that voted for him.

But this principle does not apply to the decisions of the Constitutional Court, because the obligation for the Assembly and every deputy to implement the Constitution, the law and the decisions of the Constitutional Court is not a matter of free will, but the implementation of the Constitution. This obligation stems from the principles of constitutionality, the rule of law and constitutional loyalty between constitutional bodies.

The Venice Commission, in paragraph 22, states that the Assembly cannot refer to the principle of separation of powers as a justification for not implementing binding decisions of the Constitutional Court.

In the specific case, the Venice Commission emphasizes that the Court has made two decisions and the effective implementation of these decisions should not be conditioned by a vote or by the will of a parliamentary majority. In other words, despite the negative will expressed by the vote of the socialist majority, the Assembly must implement the order of the Court and send the case of deputy Xhaçka to the Constitutional Court". (A2 Televizion)