
In the last months of 2024, the topic of the day, and consequently of public debate, became the mandate of the President of the Supreme Court, Ms. Holta Zaçaj.
The discussion on the topic was personally encouraged by the President of the Supreme Court, Sokol Sadushi.
The discussion followed a still controversial resignation of another member of the Constitutional Court, who suddenly did not even wait for a replacement, but as if she had been bitten by something, she relinquished her mandate admired by many jurists.
Elsa Toska's "resignation" was, therefore, followed by a debate that took the form of a real battle for Holta Zaçja's mandate.
Sokol Sadushi, who is also hiding behind Elsa Toska's resignation, began distributing a material in which Holta Zaçja's mandate was calculated, and that calculation method seemed to affect (always if we believe the way Sadushi calculates), in the same way, the mandate newly irrevocably issued by Toska.
The Speaker of the Assembly, in declaring the vacancy for Elsa Toska, followed the logic of preserving the full 9-year mandate for the created vacancy.
And this is where the debate against her began.
Regarding all the newly granted mandates for Constitutional Court judges following the reform of the justice system, no one had taken care to anticipate the respect of the request for the renewal of the Constitutional Court with the aim of scaling the mandates and refreshing the Court not in a block, but in time rounds.
The debate did not get anyone's attention as long as each side stuck to different interpretations of the principles of calculating mandates.
If the Assembly followed the principle of preserving the inviolability of the mandate, it seemed that Sokol Sadushi had chosen to interpret them by giving priority to the renewal of mandates and not their inviolability.
The conflict forced the Constitutional Court to convene to rule on Ms. Zaçaj's mandate, and apparently, the Court decided to prioritize renewal over inviolability.
Up to this point, the Constitutional Court was clear to those who understand the terms. But what is not yet known is whether the Constitutional Court itself has understood the interpretation and position it has taken. The level of lawyers who earn their living today as constitutional judges does not give much hope that they will understand what they are being served to sign.
The debate, however, had a great benefit because stakeholders were peacefully exposed for the names of the members of the Constitutional Court, whom they unconditionally controlled.
It was precisely in the midst of this debate about the names of the soldiers that President Begaj intervened. After understanding the position of the Constitutional Court that prioritized the renewal of mandates, being also the appointing body in some of them, he addressed a request to the Constitutional Court, asking it to exhaust with a decision what it had chosen as a priority principle and to once and for all separate the lime from the sugar for all the mandates of the members of the Constitutional Court.
Holta Zaçaj himself, who had previously accepted his fate, understood that if he had been chosen to be sacrificed by his colleagues by hiding behind the principle of renewal, then his colleagues should have chosen two more companions since the renewal of an entire Court could not be done with only his head on a platter.
On that occasion, Zaçaj also realized something that could come in handy.
Today we are in July! Zaçja's mandate has ended, but the replacement is taking over from the High Council of Justice, where Sokol Sadushi is chairman until at least December.
Not without weight, factors are preparing Ms. Genta Bungo to be a member of the Constitutional Court.
The vetting debtors who are also in the justice system want Bungo to be a member of the Supreme Court where constitutional doctrine is written.
In fact, Bungo's appointment would put a lid on the color of incompetence that already dominates the Constitutional Court.
Today in that Court you have lawyers who, if you have them as lawyers, are guaranteed to lose the trial. As constitutional judges, they are guaranteeing us the loss of the Constitution itself.
Genta Bungo was missed, to be honest./ CNA
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