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Postponed the session for the VKM of constructions without permission/ Constitutional Court: We have respected the deadlines

2023-04-26 16:10:00, Aktualitet CNA

Postponed the session for the VKM of constructions without permission/

constitutional Court

The Constitutional Court once again postponed the hearing for the consideration of the lawsuit of the Democratic Party against VKM for the actions for constructions without permission.

But the postponement was not well received by the DP deputy, Gazmend Bardhi, who said that the decision is absurd and contrary to the 32-year-old practice.

The Constitutional Court reacted again to these accusations. She calls on the parties to exercise restraint as the case is still pending.

The Constitutional Court declares that it has respected the deadlines and that there was no request for acceleration from the litigants

Full statement:

The Constitutional Court, in the framework of transparency, with the aim of informing the public, taking into account the discussions regarding its decision-making dated 26.04.2023 on the request of no less than one fifth of the deputies (28 deputies) of the Assembly, for the repeal of VKM no. 589/2022 "On the rules and procedures for confiscation in the public interest of buildings built without permission for the purpose of profit", clarifies the following:

In the session dated 11.04.2023, two preliminary requests were presented by the interested subject regarding the legitimization of the applicant and the regularity of the act of representation presented by him, an issue which is being discussed for the first time by the parties before the Court.

In relation to the above searches the Court:

- Decided, unanimously, the legitimacy of the petitioner ratione personae, since both at the time of the submission of the petition and at the time of its consideration in the plenary session, he constitutes no less than one fifth of the deputies, i.e. the number required by the article 134, point 1, letter "c", of the Constitution.

- Decided by a majority of votes, finding the irregularity of the act of representation presented by the petitioner, after observing that the petitioner (not less than one-fifth of the deputies) cannot be identified with the parliamentary group of deputies. In this sense, the leader of a parliamentary group, even when the deputies who set the constitutional trial in motion belong to this group, has no fees to determine the representation of the constitutional subject in the Constitutional Court. These tags belong only to the constitutional subject (at least 28 deputies), whose will is manifested through the expression of the will of the deputies who have shaped this subject in each case. The above decision is based on Article 24 of the organic law of the Court no. 8577/2000, as amended, which provides that when the object of the request is a law or normative act,

The court also set the next hearing on 02.05.2023, at 10:00 a.m., assessing the time needed by the applicant to adjust the act of representation, as well as his concern about the delay of the trial.

In relation to this concern, the Court clarifies that:

From the filing of the request on 14.10.2022, until its consideration in the public plenary session, 6 months have passed. Specifically, the College of the Court has decided to move it to a plenary session on 30.11.2022 (that is, within the 3-month deadline for the preliminary review) and the parties participating in the trial have been given a deadline until 27.12.2022 to submit submissions writing.

Since there was no request for acceleration from the litigants, the Court, on 23.02.2023 (that is, 2 months from the submission deadline), decided to set the date of the plenary session, following the calendar of cases in order, this order is the same as that of other issues of the same nature.

The Constitutional Court, while respecting the freedom of expression and the media, reiterates the importance of unconditional respect for its decisions and asks the parties to exercise self-restraint in relation to comments on pending cases, which would serve to strengthen public confidence in the authority of as the body that makes the final interpretation of the Constitution./ CNA.al