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Asked for the suspension of Skender Gjinushi, the Constitutional Court rejects the request of the DP

2023-04-06 09:48:31Politikë SHKRUAR NGA REDAKSIA VOX

Asked for the suspension of Skender Gjinushi, the Constitutional Court rejects

The Constitutional Court has decided not to review the request of the Democratic Party deputies for the unconstitutionality of the Academy of Sciences management for procedural reasons.

Deputy Ina Zhupa announces that they will again address the Constitutional Court through a new request, regarding the incompatibility of the exercise of the function of the President of the Academy of Sciences as well as the verification of his election in this office.

According to Ina Zhupa, the Academy of Sciences is led by a person who was established in violation of the requirements of the Constitution and the law, without an appointment act issued by the competent body provided for in the constitution, making it possible for this unconstitutional mandate to be exercised for almost 4 years. new.

The Constitutional Court has decided not to consider our request, of the 28 opposition MPs, for the unconstitutionality of the Academy of Sciences management, citing procedural reasons! So, we do not have a final decision on the basis of this matter that was the subject of research.

"We, the deputies of the Assembly, will respect the decision of the Constitutional Court and we will turn to it again through a new request, on the incompatibility of the exercise of the function of the President of the Academy of Sciences as a body mentioned by the Constitution, as well as the verification of his choice in this office, taking into account the court's suggestions.

Failure to resolve this issue has resulted in the Academy of Sciences being led by a person who has been placed there in violation of the requirements of the Constitution and the law, without an appointment act issued by the competent body provided for in the constitution, making possible for this unconstitutional mandate to be exercised for almost 4 years.

If people are placed at the head of the institutions mentioned by the Constitution, without a constitutional process and without an act of appointment of the competent body, and this absurd situation is made possible by the favorable legislative intervention of the Assembly in the process, then we are facing an obstacle to the exercise of powers and diminution of the role and status that the Constitution has given to the naming body (the President of the Republic).

We must not forget that all this happened at a time when the Constitutional Court was not functional, and the President of the Republic was attacked through three parliamentary investigative processes for his dismissal.

Exactly, this happened in the specific case, where the intervention of the Assembly through a special law with retroactive effect, and the political support, de-facto resulted in the Academy of Sciences from 2019 - until today, being led by a President, but without an appointment act issued under the Constitution.

If at the head of the institutions provided for by the Constitution, such as the Academy of Sciences, the Assembly would decide on its own appointments with special laws and with retroactive effects, then the principle of the rule of law has fallen, and the public interest would be seriously harmed.

If the public interest is violated, then not only 1/5 of the deputies, but all public institutions - unconditional subjects according to the constitution, can submit a request to the Constitutional Court for the resolution of the conflict, and the restoration of constitutionality, without the need to be subject in conflict or directly affected by an unconstitutional action.

This is the spirit of our constitution, because every deputy of the Assembly, and even more so a fifth of its members, as a legitimate representative of the people and defender of its interests, is considered directly involved and a subject affected by an unconstitutional decision-making, such as the fact, by special law, of an unconstitutional appointment, and without a decree, of the current President of the Academy of Sciences, since 2019.

Therefore, it would be advisable that the final solution of this issue not be delayed, because it is within the competences of the Constitutional Court, both the constitutional review and the final interpretation of the Constitution, bearing the obligation to determine once and for all the constitutional standards on which the activity of the highest bodies of the state should be based, in order not to interfere in the competences or in the decision-making processes of other constitutional bodies, through laws, with preemptive effects.

Every lawyer with a bachelor's degree knows clearly that the competence given by the Constitution cannot be removed or limited by a special law with retroactive effect. It is the duty of the opposition deputies to do everything to prevent these situations where the majority uses the force of the card to usurp any independent institution, including academic and educational ones.

If the Constitutional Court fails to reach a final decision on any issue of importance for the public interest and social life in the country, then the issue remains unresolved and phenomena of this nature may re-emerge, which, in addition to others, will make the Court look like a body that gives only advisory opinions and not decision-making.

We share the same opinion expressed with the opinion of the minority, that; "as long as a conflict of a constitutional nature has been identified by the bodies that have a certain role in this process, I estimate that in the concrete case under consideration the conditions for the initiation of the constitutional trial for the final interpretation of Article 92, letter "g" are met. of the Constitution, so it should have been decided to pass it for consideration in the plenary session"

In this aspect, we will not line up that you requested before the Constitutional Court not only the interpretation of Article 92, letter "g" of the Constitution, but also the fundamental examination of this issue and of these types of situations, so that there is no repetition there are other Gentiles who stand at the head of the academy, without an appointment decree as required by the Constitution of the Republic of Albania .'- writes Ina Zhupa.


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