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The opinion of Venecia/Bylykbashi: The government should obey the Constitution, remove Xhaçka's mandate

2024-12-10 17:18:00, Politikë CNA
The opinion of Venecia/Bylykbashi: The government should obey the Constitution,
Number two of the DP, Oerd Bylykbashi

The number two of the DP, Oerd Bylykbashi, has reacted to the opinion of the Venice Commission regarding the mandate of Olta Xhaçka.

He said from the blue headquarters that the Commission spoke clearly, the Assembly must implement the decision of the Constitutional Court.

Bylykbashi declared that the Assembly should send the Xhaçka case immediately and without further delay to the Constitutional Court.

Full statement:

The Venice Commission today spoke clearly and loudly: the decisions of the Constitutional Court that compel the Parliament of Albania to send the Xhaçka case for review to the Constitutional Court cannot be questioned, delayed, undermined, hindered or blocked by the Assembly with a majority vote .

The Venice Commission emphasizes that the implementation of the decisions of the Constitutional Court, as a whole or even in the specific case, regarding the conflict of interest and the removal of the mandate of deputy Xhaçka, is mandatory for the Assembly as a body, for the political majority in the Assembly and for every MP individually.

The Venice Commission states in paragraph 13 that the Assembly is obliged to take the issue of the incompatibility of the mandate of MP Olta Xhaçka to the Court, but that until today the Assembly has not yet implemented the two binding decisions of the Court.

The Venice Commission overthrows the attempt of Edi Rama and the socialist majority to hide behind the constitutional principle of banning the mandatory mandate or otherwise the free mandate of the deputy. The Venice Commission emphasizes that this principle means that the deputy is a deputy of the Republic, a representative of the people and is free in his views and vote from the will of the party that nominated him, represents him or even of the electorate that voted for him.

But this principle does not apply to the decisions of the Constitutional Court, because the obligation for the Assembly and every deputy to implement the Constitution, the law and the decisions of the Constitutional Court is not a matter of free will, but the implementation of the Constitution. This obligation stems from the principles of constitutionality, the rule of law and constitutional loyalty between constitutional bodies.

The Venice Commission, in paragraph 22, states that the Assembly cannot refer to the principle of separation of powers as a justification for not implementing binding decisions of the Constitutional Court.

In the specific case, the Venice Commission emphasizes that the Court has made two decisions and the effective implementation of these decisions should not be conditioned by a vote or by the will of a parliamentary majority. In other words, despite the negative will expressed by the vote of the socialist majority, the Assembly must implement the order of the Court and send the case of deputy Xhaçka to the Constitutional Court.

In 2014, it took a political agreement with the support of the European Parliament and ten years later, in 2024, it took the intervention of the Venice Commission to force Edi Rama to implement the decisions of the Constitutional Court. This is because Edi Rama is a recidivist violator of the Constitution and the law.

The Democratic Party considers the opinion of the Venice Commission, as expected by anyone with a sound political and legal reason, a strong blow to Edi Rama's efforts to block the implementation of the Constitution and emphasizes that any action of the Assembly and its president , contrary to these decisions of the Court and the interpretation of the Venice Commission, constitutes a clear demonstration of the constant will to ignore, bypass or violate the Constitution by Edi Rama, the government and the socialist majority led by him. It also constitutes a criminal offense.

The Assembly must send the Xhaçka case immediately and without further delay to the Constitutional Court./ CNA





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