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Two lawsuits in the Constitutional Court against the Rama-Meloni agreement, VOA: The agreement provoked numerous political debates
In Albania, the Democratic Party led by Mr. Lulzim Basha, as well as deputies who are part of the groups of former Prime Minister Sali Berisha and Mr. Gazmend Bardhi, announced today the submission to the Constitutional Court of two separate lawsuits against the agreement signed last month in Rome. between Albanian Prime Minister Edi Rama and Italian Prime Minister Giorgia Meloni. Both parties have requested the suspension of the procedures for the ratification in the parliament of this agreement, and its declaration as incompatible with the Constitution of the country
The November 6 agreement between Albania and Italy provides for the establishment of two centers for the reception of migrants who depart from the coast of North Africa and are caught in the open sea, by Italian vessels. Their registration will have to be done in the planned center in the port of Shengjin, while in the one expected to be built in Gjadër, with a maximum capacity of 3,000 seats, they will stay while the Italian authorities examine their requests. A procedure expected to last no more than a month.
The agreement provoked numerous political debates, with the opposition of both countries opposing it by raising questions. In Albania, as they had warned, the representatives of the opposition turned to the Constitutional Court, in whose hands there are now two lawsuits, with the same request. Both the Democratic Party of Mr. Basha, as well as the deputies who have aligned themselves with former Prime Minister Sali Berisha and Mr. Gazmend Bardhi, demand that the agreement be declared in violation of the Constitution.
"We request the declaration as incompatible with Articles 3, 4 and 7 of the Constitution and Law No. 43/2016 "On international agreements in the Republic of Albania", of the agreement signed by the Council of Ministers of the Republic of Albania and the Government of the Republic of Italy", explained the vice president of the DP, Kreshnik Çollaku.
Also, both parties demand that the ratification of the document in the parliament should not be continued. "We have also requested the suspension of the procedures for the ratification of the Protocol between the Government of the Italian Republic and the Council of Ministers of the Republic of Albania," Lindita Metalia, one of the signatories of the lawsuit submitted by more than 28 deputies, declared at the exit from the Constitutional Court.
Currently, the agreement has entered the discussion procedures in the parliamentary committees, while its vote is scheduled for December 22. The time frame seems short for the Constitutional Court to intervene to block the parliamentary process.
Both lawsuits talk about multiple violations, according to the opposition. The agreement is estimated to have such elements that go beyond a document between the two governments, and as a result, authorization from the president of the Republic should have been requested.
The territory where the centers will have to be established will be recognized as under Italian jurisdiction, such a thing is seen as a violation of sovereignty and territorial integrity.
Also, in the lawsuits addressed to the Court, other arguments are presented, from the violation of the rights of foreigners, the right to international protection, or other moments that are considered as violations of the international conventions to which Albania is a member.
The agreement is seen as an attempt by the Italian government to stem the growing departure of migrants from Africa and to ease the pressure on reception centers on its territory.
Prime Minister Edi Rama has described it simply as a strategic approach to a strategic partner, such as Italy, claiming that all this noise is made, according to him, due to the fact that for the first time such an agreement is signed with a country that is not EU member.
The document has not only encountered political opposition, but also many organizations that deal with human and immigrant rights have raised a series of concerns. VOA
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