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Xhaçka's mandate, the socialists restart the "game" with the Council of Legislation
The Speaker of the Assembly Elisa Spiropali responded to the request of the deputies of the Democratic Party for an extraordinary session of the Assembly to implement the decision of the Constitutional Court, which has ordered the sending to the court for examination of the incompatibility of the mandate of the deputy Olta Xhaçka, by calling a meeting of the Legislation Council.
Spiropali called the meeting at the end of August, further postponing the resolution of the conflict between the Assembly and the Constitutional Court, which has been dragging on in the corridors of the parliament for more than a year. As in previous positions, the parliamentary majority, through Speaker Spiropali, asks the Council of Legislation to "examine the decision of the Constitutional Court".
A day ago, the head of the Parliamentary group of the Democratic Party, Gazmend Bardhi, requested a meeting of the "Assembly in an extraordinary session, when it is requested by no less than one-fifth of the session to schedule it within the period of '3 days from the submission of the request'". Bardhi said that this right arose from the Constitution.
But in response to this request, Spiropali claims that the decision of the Constitutional Court had to go before the Council of Legislation and that the latter had to produce a report for the president of the assembly. This scheme was used a year ago by socialists who then postponed the decision-making on the decision of the Constitutional Court for several months and finally voted against it in the plenary session.
However, this time the majority is in front of a clear court decision that orders them to send Xhaçka's mandate for review before it. The constitutionalist, in her decision-making at the beginning of July of this year, stated that the behavior of the socialists towards her decisions violated the foundations of the state.
"This refusal of the Assembly to implement 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 ", is written in black and white in the reasoned decision of the Court.
The clash between the Assembly and the Constitutional Court has been going on for almost two years, as the parliamentary majority has repeatedly delayed the decision-making on this matter, refusing to send the motion for review of the constitutionality of Xhaçka's mandate to the Court for consideration. In her speech during the vote in the Assembly in April of this year, Xhaçka blamed the media and claimed that the Constitutional Court had dismissed the case.
But the new decision of the Court has refuted these attitudes, describing the behavior of the parliamentary majority as unconstitutional and ordering the case to go before it for examination on the merits./ BIRN
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