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Exclusion of the deputy for up to two months/ PD sends to the Constitutional Court the amendments to the Assembly Regulations

2023-12-19 13:27:00, Politikë CNA

Exclusion of the deputy for up to two months/ PD sends to the Constitutional

45 MPs of the opposition have sent a request to the Constitutional Court for the annulment of the amendments to the Rules of the Assembly.

The request was filed by the head of the DP group, Gazment Bardhi.

According to the new Regulation of the Assembly of Albania, MPs who cause chaos in the session can be expelled for up to 60 days.

The opposition has described the changes to the Regulation as unilateral and demands a suspension, until the final decision of the Court.

Announcement of the Parliamentary Group of the Democratic Party:

Following the public statement of the chairman of the Parliamentary Group of the Democratic Party Mr. Gazment Bardhi, immediately after the plenary session on December 14, today 45 opposition MPs (from the Democratic Party, the Freedom Party and allied parties), have addressed the Constitutional Court requesting the annulment of the unilateral changes in the Rules of the Assembly and the suspension of these changes until a final decision is issued by the court.

The main arguments of the request are as follows:

1. The provision of the Regulation that establishes the exclusion for 30 - 60 days of the deputy, also prohibiting him from performing any type of activity as a member of the Parliament, flagrantly violates a number of rights guaranteed to the deputy by the Constitution and the law. Practically, this provision means the suspension of the deputy from office. The suspension from the exercise of a public function is a preventive measure given by the court in the framework of a criminal process, but even in that case the suspension of the deputy is expressly prohibited by article 242 of the Code of Criminal Procedure.

2. The provisions of the Regulation not only prohibit the exercise of certain functions of the deputy, but leave without representation the citizens who have elected the deputy subject to disciplinary measures, in flagrant violation of Article 71 of the Constitution.

3. The changes in the Rules of the Assembly violate the criteria defined by Article 17 of the Constitution regarding the limitation of rights, namely the criteria of legality, public interest and proportionality. The changes contain vague and evasive terminology, creating opportunities for the majority to use these mechanisms arbitrarily to punish behavior they find objectionable by opposition MPs.

4. These changes were not inspired by any public or civic interest, but only by the political interest to silence the voice of the opposition deputies, as accepted in the relation of the proposers and the report approved by the Council of Mandates. Disciplinary measures of 30 - 60 days, especially the provision of suspension of duty during this period, is a completely disproportionate measure.

5. The body that takes the decisions on disciplinary measures is a political body, directed and majority by the majority, that does not offer any kind of guarantee in terms of independence, impartiality and objectivity in decision-making. The lack of these guarantees risks turning the Regulation of the Assembly into an arbitrary tool in the hands of the majority to punish the opposition MPs. Under these conditions, the right to due process, guaranteed by Article 42 of the Constitution and Article 6 of the European Convention on Human Rights, is violated.

6. The changes in the Regulations violate the principle of the rule of law and the hierarchy of norms, provided by Article 81 of the Constitution, as they contradict the Code of Administrative Procedures and the Code of Criminal Procedure. Specifically, the provision of the Regulation that sanctions the suspension of the exercise of the function of the deputy is contrary to Article 242 of the Code of Criminal Procedure, while the provision that provides that the appeal does not automatically suspend the decision of the Secretariat for Ethics, is contrary to Article 133 of the Code of Criminal Procedure. Administrative Procedures. The Regulation is an act that is approved by 71 votes, while the above laws are approved by 84 votes, therefore the Regulation must necessarily be in accordance with these acts, in accordance with the constitutional principle of the hierarchy of norms, provided by Article 81 of the Constitution.

7. The majority has violated the 7-day deadline set by Article 83, point 2, of the Constitution and Article 28 of the Rules of the Assembly regarding the review and approval of a decision by accelerated procedure, since the amendments to the Rules were approved without being passed yet this term.

The Regulation of the Assembly is the act that guarantees the democratic coexistence of political parties in the Parliament. Its adoption, like revision or amendment, necessarily requires consensus and inclusiveness. The last changes were proposed by the majority, without any consultation or transparency, were reviewed and approved with an accelerated procedure as a clear sign of arrogance and arbitrariness, aiming to transform the Regulation into a tool of "discipline" for opposition MPs who dare to protest against the acts of the majority.

In the conditions where these changes substantially affect the rights of deputies, especially opposition deputies, but also affect the representation of citizens and the democratic functioning of the Assembly, the 45 deputies have asked the Court to suspend these changes until the granting of a final decision./ CNA