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The decision for Xhačka risks ending up in the "Greek calendars" of the Assembly

Politiko 2024-07-15 17:36:57

The decision for Xhačka risks ending up in the "Greek calendars" of

The anticipated deadlines for the completion of the parliamentary work for this session and the deadline for clarifying this decision by the court itself are creating the possibility that the majority will still gain time for the implementation of this decision.

To protect MP Xhaçka, whose husband was declared a strategic investor by the government, the socialist majority voted twice against sending this motion to court, and its decisions were found in both cases to be in violation of the Constitution.

In the decision of July 10, this court found that the Assembly had violated the Constitution by not implementing a decision of January 2023 of this court, whose decisions are binding.

"The Assembly bears the obligation for the execution of this decision without delay", the decision states, but apparently the terminology used by the Constitutional Court will not affect the procedural steps of the Assembly.

"The decision for Ms. Xhaçka has not yet been clarified. In the meantime, it should be published so that it takes a definitive form as a decision, so that the Assembly can then carry out its own processes", the Cabinet of the President of the Assembly answered to BIRN on Monday when asked when the decision of the Constitutional Court would be implemented.

Bearing in mind the legal deadline for clarifying the decision is 30 days and the Assembly has scheduled the last session on the calendar on July 25, it seems that once again the "Xhaçka" case will move to the Greek calendars, after it dragged on for more than 2 years with procedure in the Assembly.

During the vote in April where the first decision of the Constitutional Court was overturned, the socialists claimed that the court could not force the deputies how to vote because they were independent in their decision-making.

But according to the last decision of the Constitutionalist, they are obliged to implement her decision since this decision has the force of law and "no body has the right to question them and even more so not to agree to implement them" .

Since June 2022, the majority has used deadlines and parliamentary procedures to delay its review in the parliamentary bodies and with a political decision has protected its MP.

During the plenary session for the motion against her, Xhaçka herself spoke about the political attack by the opposition and attacked the media and journalists as; "inquisitors", "fines" and "snipers".

The issue of Xhaçka's mandate has created a precedent in the relations between the Assembly and the Constitutional Court, avoiding the previous parliamentary practice, when the Assembly decided to send the mandates of deputies to the court for interpretation in cases where there were accusations against them or indications that they violated Article 70 of the Constitution, which prohibits them from benefiting from public goods. Reporter.al