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The Democratic Party parliamentary group requested a special session in parliament to discuss the assignment of Socialist MP Horta Zachka.
The request was addressed to Parliament Speaker Elisa Spiropali and signed by 29 Democratic deputies, who stressed that “It is unacceptable that the majority engaged in political protection and obstruction of justice in the case of former Minister and Deputy Minister Horta Zachyka, disregarded the Constitution and blocked the implementation of two Constitutional Court decisions.
“We strongly condemn the criterion of “one justice for Edi Rama and another for everyone else”. In every democratic country, the implementation of the Constitutional Court’s rulings is mandatory and fundamental to the establishment of a legitimate state. ” This was pointed out in a letter from opposition MPs to the Speaker of Parliament.
PD Announcement:
The Democratic Parliamentary Group has requested a special session of Parliament to implement Decision No. 1, dated January 23, 2023, Resolution No. 55 of the Constitutional Court of July 10, 2024, and sent a motion to the Constitutional Court regarding the incompatibility of the mandate of MP Olta Xhaçka.
Recently, the Constitutional Court, at the request of representatives of the opposition parties, stated that Parliament did not respect the previous decision of the Constitutional Court, violating the constitutional obligations stipulated in Article 132 of the Constitution, and stated that Parliament’s refusal to implement the court’s ruling led to the creation of a constitutional crisis, which not only violated the foundations of a democratic state and lost the public’s trust in the state and its institutions, but also raised questions about the role and status of the state and the functions of the court.
The Constitutional Court stated, inter alia, that “in the circumstances of the case and in accordance with the provisions of point 2 of article 66/a of Law No. 66, Resolution No. 8577/2000 on the maximum period for the submission of requests by the General Assembly, it is considered necessary to emphasize that the General Assembly should consider the case as a matter of priority in order to pave the way for the Court to exercise its powers.” … “The Albanian Parliament is obliged to submit to the Constitutional Court a motion regarding the incompatibility of the mandate of MP Olta Xhaçka”.
This obligation, clearly set out in the Constitutional Court’s ruling, appears to have encouraged at least 28 Democratic and opposition lawmakers to call for a special session of parliament and the immediate implementation of the Constitutional Court’s ruling.
“Because the parliament has created a constitutional crisis, violating the foundations of a democratic state, calling into question the role and functions of the Constitutional Court, and the fact that this issue has been delayed for more than two years, the public statement of the President of the Constitutional Court on July 10, 2024 and paragraph 65 of Decision No. 11 have caused delays that have allowed the review to reach the time limit for the Constitutional Court to assess the possibility. In accordance with Constitutional Court Decree No. 55/2024, the parliament needs to consider this matter immediately as a matter of priority.” – said the official request signed by the chairman of the Democratic parliamentary group Gazment Bardhi and 28 opposition lawmakers.
The request emphasizes that the Speaker of the Parliament must convene a special session when a request is made by one of the constitutional entities explicitly mentioned in Article 74, point 2 of the Constitution. The only duty is to set a date for the session “within 3 days of submitting the request”.
Opposition MPs stressed that the political protection and obstruction of justice carried out by the majority in the case of former Minister and Deputy Minister Horta Zachka, which disregarded the Constitution and prevented the implementation of two Constitutional Court rulings, are unacceptable.
“We strongly condemn the standard that ‘there is one justice for Edi Rama and another for everyone else’.
The implementation of the Constitutional Court’s decisions is mandatory in every democratic country and is fundamental to the establishment of a legitimate state. ” – said the opposition MPs in a letter to the Speaker of Parliament, Elisa Spiropalli.
The request was made today as the Constitutional Court’s decision no. 55/2024 came into force today and was published in Official Gazette no. 139, dated August 7, 2024.
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