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Bardhi's letter on immigrants is whitewashed/ What he asked the Constitutional Court

2024-01-14 20:16:00, Politikë CNA
Bardhi's letter on immigrants is whitewashed/ What he asked the
Gazment Bardhi

Gazment Bardhi, filed this Sunday a request in the Constitutional Court on behalf of the DP Parliamentary Group.

The letter is about the agreement between Albania and Italy for immigrants.

Bardhi has requested to receive an advisory opinion from the European Court of Human Rights on the implementation of the rights and freedoms provided by the European Convention on Human Rights.

"Albania, as a member state of the Council of Europe and a ratifier of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the obligation to ensure everyone within its territory the rights and freedoms defined by the Convention.

In this sense, it is very important that during the review of the constitutionality of the Protocol, the Court analyzes and concludes on the alleged violations of the European Convention on Human Rights, which at the same time constitute a violation of the Constitution", the letter states.

It is further emphasized that: "given the claims of the applicants regarding the violation of the freedoms and rights guaranteed by the Convention, the reactions of local and international organizations, especially the position of the Commissioner of the Council of Europe for Human Rights, the very specific nature of of this agreement, its wide national and international impact, the lack of previous precedents from the Constitutional Court, the limited jurisprudence of the European Court of Human Rights in this regard, as well as the exclusive jurisdiction of the latter to interpret the Convention and its Protocols, as well as the interest of the Albanian state, which, in the eventuality of ratification, may face appeals to the ECtHR for violation of the Convention, in support of Article 1, of Protocol no. 16, of the European Convention on Human Rights, Article 44/b, of Law no. 8577/2000 "On the Organization and Functioning of the Constitutional Court", and Article 35 of the Regulation on Judicial Procedures of the Constitutional Court, we request the receipt of an advisory opinion from the European Court of Human Rights on the implementation of the rights and freedoms provided by The European Convention on Human Rights in the Protocol between the Government of the Italian Republic and the Council of Ministers of the Republic of Albania, "On Strengthening Cooperation in the Field of Migration"./ CNA





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