Report of the Venice Commission on the mandate of Xhaçka/Gjokutaj: Constitutional coup

2024-12-10 22:00:00, Politikë CNA

Report of the Venice Commission on the mandate of Xhaçka/Gjokutaj:

Lawyer Genc Gjokutaj

Regarding the publication of the report of the Venice Commission on the mandate of SP MP Olta Xhaçka, lawyer Genc Gjokutaj stated that this was a constitutional coup and a criminal offense if the Parliament votes against a decision of the Constitutional Court.

He affirmed that the decisions of the Constitutional Court are binding on all state powers and authorities.

Invited to a TV studio, Gjokutaj stressed that voting against the court's decision renders the Constitutional Court dysfunctional.

"To bring a legal point to Venice if the assembly is obliged or not to implement the decisions of the Constitutional Court? Yes, the deputy is a lawmaker and is the first to implement the laws and decisions of the Constitutional Court. If they come in opposition to the Constitutional Court, it not only constitutes a constitutional coup, but also constitutes a criminal offense".

The lawyer also emphasized that all MPs who vote against the decision of the Constitutional Court are criminally prosecuted.

"Voting against a decision of the Constitutional Court makes the Constitutional Court non-functional. The first thing the Constitutional Court examines is its legitimacy, and when it takes legitimacy, the applicability of the decision is not discussed. Deputies who vote against bear criminal responsibility. Remember the issue of Berisha's mandate, where the deputies of the Constitutional Court went. that we have a problem, this power plays with this Constitutional Court, that we have it sui generis. A constitutional mistake yesterday and a caprice today, degradation happens".

For Gjokutaj, a political game has been made to gain time for sending Olta Xhaçka's mandate to the Venice Commission. According to him, the SP did not expect that Venice would consider it so quickly.

"The case which was taken to Venice and today was given a consultation recommendation as it exists and the function of the Venice Commission does not constitute a legal point, it does not constitute an issue. This is a slandered product of this majority that does not have the court on its agenda, as it has caught them, so it treats them. We have been touching this reality for 13 years. It is not a matter of directing Venice; should I or she implement the decision of the Constitutional Court? Who more than the Constitutional Court can exhaust the behavior of the assembly in relation to this issue, the issue of the mandate of a deputy.

Who interprets the constitution exhaustively? Constitutional Court. There is no other link in the system than others to submit to this hierarchy. They say it clearly; that the Assembly is obliged to implement the decision of the Constitutional Court. They did not take him to Venice because they did not know about the attitude of the Assembly, but it is a political game, I believe that they did not expect that Venice will judge him so quickly and they left him for the campaign limits, probably Xhaçka would not run and would pass this part.

This is a game to buy time. Rama has been using this tactic for 13 years, although it is clear what instrument should be used. "Albanian politics only listens to consultations and recommendations when foreign institutions make them a fact," said the lawyer.