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The Constitutional Court "overthrows" Berisha/ The allegations are unfounded

2025-01-17 18:51:00, Aktualitet CNA

The Constitutional Court "overthrows" Berisha/ The allegations are

The Constitutional Court has rejected the request of Sali Berisha, who in his appeal requested that the SPAK measure against him be declared unconstitutional, referring to the measure of "house arrest".

According to the Court, the claims raised by Berisha are unfounded.

"As regards the merits of the case, taking into consideration the arguments, submissions and objections of the parties, the Court assessed that:

1. Regarding the claim regarding the parliamentary procedure for granting authorization by the Assembly, according to Article 73, paragraph 2, of the Constitution, the Court, by majority vote, found that this claim is unfounded.

2. Regarding the allegations of violation of personal freedom (Article 27 of the Constitution), related to the right to be elected (Article 45 of the Constitution), the Court assessed them in two aspects: in the procedural aspect and the substantive aspect.

A) In procedural terms, the Court assessed the judicial process in which the replacement of security measures with house arrest was decided in the following directions:

i) the principle of impartiality of the court linked to the right to effective protection;

ii) the right of access related to the standard of reasoning of the decision.

The court, by majority vote, found that these claims were unfounded.

B) In the substantive aspect, the Court assessed the proportionality of the house arrest measure in terms of necessity, appropriateness and severity.

The court, based on Article 73, point 4, of Law No. 8577, dated 10.02.2000 “On the Organization and Functioning of the Constitutional Court”, as amended, decided to dismiss the request, due to the failure to form the necessary decision-making majority of 5 judges.

"In the end, the Court decided to reject the request," the Constitutional Court's decision states./ CNA





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