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Olta Xhaçka "saves" the mandate, the Constitutional Court dismisses the case

2023-01-23 20:35:29Politikë SHKRUAR NGA REDAKSIA VOX
Olta Xhaçka "saves" the mandate, the Constitutional Court
Olta Xhačka

The Constitutional Court has decided to suspend the case for the mandate of the socialist MP, Olta Xhaçka.

In the decision published on the website of the Constitutional Court, it is said that the opposition's request for the removal of Xhaçka's mandate is dismissed with the argument that this request must first be passed by the Assembly, so the Parliament of Albania must accept the opposition's request to send it to the Constitutional Court. the legality of the mandate.

Also, the Constitutional Court has also declared unconstitutional the decision of the socialists in the Council for Regulation and Mandates who decided not to send the legality of Olta Xhaçka's mandate to the Constitutional Court.

Notice of the Constitutional Court:

The Constitutional Court of the Republic of Albania on 18.01.2023, at 13:45, considered in a public plenary session the case with no. 10 (NJ) 2022 Basic Register, with petitioner 1/5 of the deputies of the Assembly of the Republic of Albania, with object: "1. The annulment of decisions no. 83/2022, dated 17.11.2022 of the Assembly of Albania "On the disapproval of the report of the parliamentary minority in the Council for Regulation, Mandates and Immunity, with the object of establishing the invalidity and termination of the mandate of MP Olta Xhaçka" and no. 84, dated 17.11.2022 "On the approval of the report of the parliamentary majority in the Council for Regulation, Mandates and Immunity, with the object of establishing the invalidity and termination of the mandate of MP Olta Xhaçka", as incompatible with the Constitution of the Republic of Albania. 2.

At the end of the review, the Constitutional Court assessed that:

1. For the first search, according to the object of the request, related to the annulment of decisions no. 83/2022, dated 17.11.2022 of the Assembly of Albania "On the disapproval of the report of the parliamentary minority in the Council for Regulation, Mandates and Immunity, with the object of establishing the invalidity and termination of the mandate of MP Olta Xhaçka" and no. 84, dated 17.11.2022 "On the approval of the report of the parliamentary majority in the Council for Regulation, Mandates and Immunity, with the object of establishing the invalidity and the end of the mandate of MP Olta Xhaçka", the trial must be terminated, as with its previous decision , no. 1, dated 23.01.2023, the Constitutional Court decided to annul these decisions.

2. For the second research, according to the object of the request, which is related to the finding of incompatibility in the exercise of the mandate of the deputy Olta Xhaçka, the trial of the case should be suspended, since the Assembly of the Republic of Albania will have to express its opinion on this research first. .

For these reasons, the Constitutional Court of the Republic of Albania, based on articles 131, point 1, letter "e", of the Constitution, as well as on law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", amended, by majority vote,

Decided

Suspension of the trial of the case.


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