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Explained the reasoned decision/ Why the Court of Appeal did not give the seal to Basha

2024-07-19 17:43:00, Politikë CNA
Explained the reasoned decision/ Why the Court of Appeal did not give the seal
Photomontage - Sali Berisha and Lulzim Basha

This Friday, the Court of Appeal clarified the reasoned decision regarding the stamp and emblem of the Democratic Party, which it gave to Sali Berisha's group.

In a 33-page decision, the Court of Appeal says that Basha is not the body that legally represents the Democratic Party, after he resigned on March 21, 2022.

"The Court of Appeal assesses that despite the resignation of the president of PDSH, Mr. Lulzim Basha was not carried out in written form nor was it reflected in the register of political parties, it is a universally known fact and accepted by other administrative and judicial decision-making bodies in the electoral process. According to the decision no. 27, dated 16.03.2023 of the KAS, put into effect by the decision no. 5 dated 27.03.2023 of the Judicial Electoral College, PDSH was represented in the local elections of 2023 with vice-president Mr. Enkelejd Alibeaj, due to that it has been accepted that the chairman Mr. Lulzim Basha has resigned on 21.03.2022. From these evidentiary documents, it is proven that Mr. Lulëzim Basha was not the body that legally represents PDSH to third parties, at the time of the registration of the complaint on 04.04.2022, after his resignation was recognized on 03.21.2022", it is stated in decision.

For this reason, the Court assesses that due to the resignation, Basha's authorization to command Alibeaj at the head of the PD has no legal value.

As a result, Alibeaj did not have the right to legal representation of the DP in the trial.

"With the public resignation of Mr. Lulzim Basha on 21.03.2022, the authorization issued by the latter for Mr. Alibeaj has legally expired and was no longer able to produce any legal consequences. The authorization of Mr. Lulzim Basha dated 15.09.2021 no longer had legal value after 21.03.2022, after his public resignation. The Court of Appeal estimates that Mr. Alibeaj did not have procedural legitimacy in the representation of the DPSH complainant in the trial and in the submission and signing of the "Complaint" act," it is further emphasized in the decision./ CNA

You can find the full decision below:

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