Constitutional coup and criminal offense if the Parliament votes against a decision of the Constitutional Court. This is how the lawyer Genc Gjokutaj thinks about the decision of the Constitutional Court regarding the mandate of the socialist deputy Olta Xhaçka, after the opinion of Venice, which affirms that the decisions of the Constitutional Court are binding on all powers and state authorities.
"To bring a legal point to Venice if the assembly is obliged or not to implement the decisions of the Constitutional Court? Yes, the deputy is a lawmaker and is the first to implement the laws and decisions of the Constitutional Court. If they come in opposition to the Constitutional Court, it not only constitutes a constitutional coup, but also constitutes a criminal offense".
In the Debate studio on A2 CNN, Gjokutaj said that voting against the court's decision makes the Constitutional Court dysfunctional. He emphasizes that all deputies who vote against the decision of the Constitutional Court are criminally prosecuted.
"Voting against a decision of the Constitutional Court makes the Constitutional Court non-functional. The first thing the Constitutional Court examines is its legitimacy, and when it takes legitimacy, the applicability of the decision is not discussed. Deputies who vote against bear criminal responsibility. Remember the issue of Berisha's mandate, where the deputies of the Constitutional Court went. that we have a problem, this power plays with this Constitutional Court, that we have it sui generis. A constitutional mistake yesterday and a caprice today, degradation happens".
Gjokutaj calls the sending of Olta Xhaçka's mandate to the Venice Commission a political game to gain time. According to him, the SP did not expect that Venice would consider it so quickly. He emphasizes that this is not an issue and Rama is clear about it, but he wanted to buy time until the next elections.
"The case which was taken to Venice and today was given a consultation recommendation as it exists and the function of the Venice Commission does not constitute a legal point, it does not constitute an issue. This is a slandered product of this majority that does not have the court on its agenda, as it has caught them, so it treats them. We have been touching this reality for 13 years. It is not a matter of directing Venice; should I or she implement the decision of the Constitutional Court? Who more than the Constitutional Court can exhaust the behavior of the assembly in relation to this issue, the issue of the mandate of a deputy. Who interprets the constitution exhaustively? Constitutional Court. There is no other link in the system than others to submit to this hierarchy. They say it clearly; that the Assembly is obliged to implement the decision of the Constitutional Court. They did not take him to Venice because they did not know about the attitude of the Assembly, but it is a political game, I believe that they did not expect that Venice will judge him so quickly and they left him for the campaign limits, probably Xhaçka would not run and would pass this part. This is a game to buy time. Rama has been using this tactic for 13 years, although it is clear what instrument should be used. "Albanian politics only listens to consultations and recommendations when foreign institutions make them a fact," said the lawyer in A2.
The opinion of the Venice Commission on the mandate of deputy Olta Xhaçka seems to justify the claims raised by the opposition. International lawyers affirm that the decisions of the Constitutional Court are binding on all state powers and authorities. In this sense, they do not constitute a limitation of the mandate of the deputy in the exercise of political will, says the report. But the text also contains some wording that, in essence, allows the majority to use them in favor of its narrative, A2 CNN reports.
But the socialists say that the Venice Commission gave them the right regarding the mandate of deputy Olta Xhaçka. In a statement to the media, Klotilda Bushka, in her capacity as the head of the Laws Committee in the Assembly, invited the opposition not to use the opinion of Venice for political discourse.
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.
(A2 Televizion)
A2 CNN Livestream
MUND TE LEXONI GJITHASHTU
