Draft opinion of the Venice Commission/ Bardhi: A big slap in the face for the majority

2024-12-10 12:40:00, Politikë CNA

Draft opinion of the Venice Commission/ Bardhi: A big slap in the face for the

Today, the draft opinion of the Venice Commission was made public, which overturned the majority regarding the mandate of Olta Xhaçka.

After the Venice Commission's opinion was made public, the head of the DP parliamentary group, Gazment Bardhi, reacted and welcomed the decision, saying that he confirmed that the majority's position was a constitutional coup against the rule of law.

Bardhi points out that the Venacia Commission revealed the deceptions and fake news of Elisa Spiropali and gave a big slap to the majority, which tries to protect Olta Xhaçka.

"I greet with gratitude the Venice Commission for the professional opinion that confirms once again that the position of the majority was a constitutional coup against the rule of law.

The Venice Commission clearly confirms the justice of the opposition's battle, reiterating that there can be no political discretion to respect and implement the decisions of the Constitutional Court. In the specific case from which this request was raised, the Constitutional Court has made two decisions and the effective implementation of these decisions should not be conditional on voting by the parliamentary majority.

Once again, the deception of the President of the Assembly with fake news spread a few days ago was revealed. The Venice Commission has given the biggest slap during these 34 years to a majority, confirming internationally that the non-implementation of the decisions of the Constitutional Court with a political vote is unprecedented.

Essential attitudes of the Constitutional Court:

Paragraph 20:

The Assembly argues that the latter scenario is applicable in relation to Article 70(4) of the Constitution since the provision states that the Assembly "decides" to send the case to the Constitutional Court. However, the Commission would like to emphasize that in this specific case the Constitutional Court of Albania has already given a decision that the Assembly was forced to send to the Constitutional Court the motion for the incompatibility of the mandate of the specific deputy.

Paragraph 22:

In light of the above, questions number 1 and 3 should not be seen as free mandate issues, as there can be no political discretion to respect and implement the decisions of the Constitutional Court. In the specific case from which this request was raised, the Constitutional Court has made two decisions and the effective implementation of these decisions should not be conditional on voting by the parliamentary majority.

Paragraph 57:

The compliance of all authorities with the decisions of the Constitutional Court is based on the principle of constitutional loyalty as an element of the rule of law. Such compliance should not be conditional on a parliamentary majority vote, but is an essential requirement of the rule of law. When the decision of a Constitutional Court interprets the Constitution as a limitation of the decision-making power of the Parliament, the latter must make a decision in accordance with the judgment of the Court and vote on the limited issue as determined by the Constitutional Court", writes Bardhi./ CNA