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The Constitutional Court gives the decision for Berisha/ Partially accepts the request

2024-11-21 19:11:00, Aktualitet CNA

Constitutional Court

The Constitutional Court has announced the decision on the request of the chairman of the Democratic Party, Sali Berisha.

The Constitutional Court has partially accepted the request and annulled the decision of GJKKO on the "ban on leaving the country".

Regarding the "obligation to appear", the Constitution states that "the measure is proportional in terms of necessity, appropriateness and severity".

"The court examined each security measure from the point of view of the principle of proportionality linked to the standard of reasoning. The court, with a majority of votes, assessed, referring to the reasoning of the ordinary courts, that the measure given to the applicant "obligation to appear before the judicial police" is proportional in terms of necessity, appropriateness and severity.

Regarding the other measure, the Court decided the partial acceptance of the request, annulling the judicial opinions subject to the constitutional review, only for the part that set the measure "prohibition of exiting the country" against the applicant Sali Berisha due to the violation of the principle of proportionality, in the aspect of the necessity of this measure, in the conditions when its goals are fulfilled by the other measure given to the applicant "obligation to appear before the judicial police", it is stated in decision.

According to the Constitutional Court, the "obligation to appear" measure does not affect the legislative functions of the Assembly and did not prevent Berisha from exercising his rights as a deputy.

"As a result, the court unanimously came to the conclusion that in this particular case, this measure does not constitute a limitation of personal freedom and, as a result, authorization from the Assembly is not needed for its application to the deputy", the decision emphasizes.

Meanwhile, Berisha remains under house arrest.

We recall that Berisha requested the declaration of illegality of the first two measures of the SPAK, "obligation to appear" and the ban on leaving the country, for which he argued that the authorization by the Assembly was overlooked./ CNA