The DP group demands an extraordinary session in the Assembly for Xhaçka's mandate

The DP Parliamentary Group has requested the calling of an extraordinary session in the Assembly.

The Democrats demand the immediate implementation of the decision of the Constitutional Court for the mandate of Olta Xhaçka.

Request

The Parliamentary Group of the Democratic Party has requested the call of the Assembly in an extraordinary session for the implementation of decision no. 1, dated 23.01.2023 and no. 55, dated 10.07.2024 of the Constitutional Court and the sending to the Constitutional Court of the motion for the incompatibility of the mandate of MP Olta Xhaçka.

A few days ago, based on a request from the opposition deputies, the Constitutional Court stated that the Assembly did not respect the previous decision-making of the Constitutional Court, contrary to the constitutional obligation stemming from Article 132 of the Constitution, and that this refusal of the Assembly to the implementation of the Court's decision has led to the creation of a constitutional crisis that not only violates the foundations of the democratic state and loses public trust in the state and its bodies, but also calls into question the very role and function of the Court.

The Constitutional Court stated, among other things, that "in the context of the circumstances of the case and in relation to the provisions of Article 66/a, point 2, of Law no. 8577/2000 regarding the maximum deadline for the submission of that request by the Assembly, considers to emphasize that the consideration of the case by the Assembly should be done with priority, to pave the way for the Court to exercise its powers.".... .. "The obligation of the Assembly of Albania to send to the Constitutional Court the motion for the incompatibility of the mandate of MP Olta Xhaçka".

This obligation expressly established in the decision of the Constitutional Court seems to have encouraged no less than 28 MPs of the Democratic Party and the opposition to demand the assembly of the Assembly in an extraordinary session and the immediate implementation of the decision of the Constitutional Court.

"Due to the constitutional crisis created by the Assembly, the violation of the foundations of the democratic state that has called into question the very role and function of the Constitutional Court, but also the protracted delay of more than 2 years of this issue, which has caused delays that bring the examination to the time limits of the possibility for evaluation by the Constitutional Court, in the public statement of July 10, 2024 of the President of the Constitutional Court, but also in paragraph 65 of decision no. 55/2024 of the Constitutional Court, the immediate and priority consideration of this matter by the Assembly is required." - says the official request signed by the head of the PD parliamentary group Gazment Bardhi and 28 opposition MPs.

In the request, it is emphasized that the meeting of the Assembly in an extraordinary session, when requested by one of the constitutional entities that are expressly mentioned in Article 74, point 2 of the Constitution, is mandatory for the Speaker of the Assembly, who has only one responsibility to set the date of the session within the period "3 days from the submission of the request".

The opposition MPs emphasize that the political protection and obstruction of justice that the majority is doing in the case of the former minister and deputy Olta Xhaçka, ignoring the Constitution and preventing the implementation of two decisions of the Constitutional Court, is unacceptable. "We strongly condemn the standard "one justice for Edi Rama and another justice for all others". In every democratic country, the implementation of the decisions of the Constitutional Court is mandatory and the foundation on which a legal state is built." - said in the letter of the opposition MPs addressed to the Speaker of the Assembly Elisa Spiropali.

The request was filed today because the decision of the Constitutional Court no. 55/2024 entered into force today with its publication in the Official Gazette no. 139, dated 07.08.2024.