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By VALENTINA MADANI/The majority seems to have given up its firm stance of not submitting the mandate of its colleague Olta Xhaçka to the Constitutional Court for review.
At the September 12 meeting, the review of the Constitutional Court’s decision on the mandate of Horta Zachica will be on the agenda. Despite the heated debate between the two parties, Socialist deputies agreed that the motion on the mandate of Horta Zachica based on the Constitutional Court’s ruling should be considered at the first session of the Albanian Parliament. But what they objected to was the opposition’s proposal to draft a report.
“At the meeting on September 12, 2024, the decision to review the Constitutional Court’s ruling will also be part of the agenda. I remind the executive to prepare to implement three other decisions of the CJK, namely the Law on Tax on Liberal Professions, the Law on Unconstitutional Changes in Parliamentary Rules, and the Law on Investigative Committees. The government must notify the Speaker of Parliament by September 5,” Çupi said.
The majority of the Legislative Council agreed to the Democratic Party’s proposal to adopt the draft decision on Horta Zachka’s powers for consideration at the next plenary session. Referring to the Constitutional Court’s ruling, Socialist MP Clotilda Bushka announced that the Socialist Party had withdrawn from the Venice Commission poll, so in principle the decision would be left until the next plenary session, on September 2.
“Based on this reasoning and given that the Republic of Korea in its decision has ordered Parliament to submit a relevant motion, this Council should recommend to the Speaker of Parliament that this draft decision be included in the agenda of the next session. “For this issue, we believe that the justification of the decision lies in the decision of the Constitutional Court itself. We agree with your conclusions, but we believe that it is not necessary to provide a reasoned report in addition to the recommendation to the Speaker of Parliament, who will then submit a draft decision. Our reasoning is the decision of CJK. Having said that, in terms of the conclusions, our recommendation is that the draft decision of the Constitutional Court be submitted to the nearest plenary session of Parliament”, Bushka declared.
Drafts and Motions
The Legislative Council, as an advisory body, prepared a draft report that lists 4 steps that must be taken to implement the decision. The Speaker of the Parliament must submit a draft decision at the first plenary session “On submitting to the Constitutional Court a motion of no less than 1/10 of the deputies to determine the incompatibility of powers” by Deputy Mrs. Horta Zachka.
The chairman of the Democratic Party parliamentary group, Gazment Bardhi, stressed that within the next week the Olta Xhaçka authorization motion should be submitted to the Constitutional Court, which, as he said, should examine it on the merits. At the meeting of the Legislative Council, Bardhi congratulated the majority of deputies who reflected on the implementation of the Constitutional Court’s ruling. Bardhi said that Parliament also has the obligation to exercise its constitutional obligations under the Constitutional Court by forcing it to present a motion.
“The CJK found in its Decision No. 55 of 2024 that the majority questioned the binding force of the CJC’s decision. In this particular case, the CJK made the same decision in Decision No. 1 of 2023, but with an unprecedented political decision in the history of Parliament, you declared independence from the CJK’s decision. I hope that in the remaining part of the legislature, you will make as few unconstitutional decisions as possible. All acts that violate parliamentary coexistence. In fact, this issue has been discussed since June 2022. We are more than two years late in implementing a regulation of the General Assembly. Your university was caught red-handed for using public assets. This is a serious violation of the Constitution and must be thoroughly reviewed by the CJK. You sent the most wrong message to justice: if you make decisions without the permission of Edi Rama, they will not be implemented. You have done this until today. In the spirit of your reflection that the decisions of the GJK are implemented, the only way for Parliament to implement these decisions is the 4 “You are obliged to vote in favor of the Constitutional Court’s decision and we must submit a 1/10 motion to the Constitutional Court within the next week, and the court should review the case on its merits and assess whether it is incompatible,” Badie said.
Democratic Party report to the Council, 4 points of the draft report
1. The Speaker of the Parliament must submit the draft decision “On submitting a motion of not less than 1/10 of the deputies to the Constitutional Court to determine the incompatibility of powers” to the Deputy for Decision-making of the Parliament, Horta Zachka.
2. The Speaker of the Parliament must inform the Parliament that she must decide to immediately submit a motion to the Constitutional Court regarding the incompatibility of the powers of MP Horta Zachyka in order to pave the way for the Court to exercise its constitutional powers.
3. The Speaker of the Parliament must inform the deputies of the Albanian Parliament that in this case they are obliged to implement the Constitution and the law and they only need to vote “yes” to the draft decision “sent to the Constitutional Council” to submit to the Court a motion by no less than 1/10 of the deputies requesting a determination of the incompatibility of the powers of Ms. Olta Xhaçka”, as the deputies of the Albanian Parliament are obliged to fulfil specific obligations arising from the ruling of the Constitutional Court.
4. The President of the Assembly must inform the Assembly of the findings and recommendations made by the members of the Legislative Committee in this advisory opinion.Bulletin Panorama
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