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Guarantee of the Constitution or personal interests? Some questions about Ilir Meta and his 'spy' in the Government

2022-07-04 13:04:06Investigim SHKRUAR NGA REDAKSIA VOX

The Assembly of Albania in the session of December 3, 2018 approved the law 94/2018 "On some changes and additions to the law 8438 dated 28.12.1998; "On Income Tax " where part of this law also provided for the distribution of dividends.

Just a few days later, on December 20, 2018, President Ilir Meta by decree No. 11015 returns the law to the Parliament with the argument that this law contradicts the constitutional provisions.

The President, through an announcement on the institution's official website, explains that from the review of law no. 94/2018, it is established that two of its provisions, respectively article 9 and article 11, present problems, because both of these articles contradict the provisions of the Constitution and are not in harmony with the principles protected by it.

According to the announcement, the President of the Republic estimates that Articles 9 and 11 of Law no. 94/2018, are not in accordance with the provisions of the Constitution and create an unequal treatment of different layers of society and business.

"Based on the definition of Article 9, it is clear that we are dealing with a legal provision with retroactive effect, in the form of a "fiscal amnesty", where its time frame is not clearly defined. According to the law no. 94/2018, two of its provisions (articles 2 and 8), treat all shareholders with a dividend tax rate of 8% for 2018 and beyond, while, according to article 9 of the law, shareholders of who have distributed the dividend of 2017 and before. In this way, fiscal inequality is created in relation to individuals, or shareholders who throughout these years have distributed the dividend until 2017, applying a tax rate of 15%, while with the entry into force of Article 9 of the Law on approved, shareholders who have not distributed the dividend until 2017,

Being analyzed by experts in the field, but also by the arguments of the President, we are really dealing with an unconstitutional law, since Article 155 of the Constitution, Chapter 'Public Finances' provides that Taxes, Taxes and national and local financial obligations, relief or exemption of them certain categories of payments as well as the method of their collection are determined by law.

In these cases, the law cannot be given retroactive force.

In every public appearance, Ilir Meta did not repeat his achievements in defense of the constitution, precisely mentioning the return of the dividend law as an unconstitutional law. In addition to complaining to the Constitutional Court, he said that he would also take this law to the SPAK Assembly.

But is this true?

Has Ilir Meta fulfilled the duty that the Constitution assigns to him in the exercise of his duty, or was the return and mention of this law in every television studio by him just pressure for the purpose of profit from his side?

- The most important question that arises in this case is; why didn't Ilir Meta send the dividend distribution law to the Constitutional Court as one of the only laws which he has argued and proved as unconstitutional law?

- Are Ilir Meta's usual financial interests hidden behind this?

- What is the bargain he made with the beneficiaries of this law?

- What is the role of the former Minister of Finance of that time, Arben Ahmetaj, in this silence of Meta?

- Is this the start of a close cooperation between the two that brought Meta's attacks on the Rama Government?

-A mund të themi më se Ilir Meta është garant i Kushtetutës kur hapur është në dijeni të shkeljes së saj dhe nuk ka vepruar?

-Çfarë e pengoi Ilir Metën që të përdorte të drejtën ligjore të parashikuar nga nenet 49/50 të ligjit 99/2016  për organizimin dhe funksionimin e Gjykatës Kushtetuese të Republikës së Shqipërisë?

Të gjitha më lart i kemi të qarta pse kanë ndodhur, pasi Presidenti familjarisht është i shquar për interesa klienteliste. Ky është vetëm një shembull në rastet e shumta që Ilir Meta ka ulur tonet dhe është bëre bashkëpunues në shkelje të hapur të ligjeve.

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