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The "Beccheti" case/ The Constitutional Court rejects the DP's request for the establishment of an Investigative Commission

2022-12-27 16:52:23Politikë SHKRUAR NGA REDAKSIA VOX
The "Beccheti" case/ The Constitutional Court rejects the DP's
Francesco Becchetti

The Constitutional Court rejected the Democratic Party's request for the establishment of an investigative commission for the "Becchetti" case.

In the decision of the Constitutional Court, it is stated that the request of the democratic deputies does not meet the constitutional standards for the establishment of the investigative commission.

DP requested the establishment of an Investigative Commission on the case of Italian businessman Francesco Becchetti in order to find those responsible. According to the PD at that time, the bill of 120 million euros that Albania lost in the Arbitration with the Italian businessman should not be paid by the Albanians, but by Edi Rama.

Announcement of the Constitution:

The Constitutional Court, today on 27.12.2022, considered in a plenary session on the basis of documents the case with the petitioner a group of deputies of the Assembly of Albania (not less than a quarter of the deputies), members of the Parliamentary Group of the Democratic Party, with object: "Resolving the competence dispute between no less than a quarter of the deputies and the Assembly of the Republic of Albania." The declaration as incompatible with the Constitution of the Republic of Albania of decision no. 80/2021 of the Assembly of the Republic of Albania "On the disapproval of the draft decision "On the establishment of the Investigative Committee of the Assembly for the control of the legality of actions and inactions of state institutions and public officials in matters that have resulted in the decision of the Arbitration "Becchetti and others against Albania".

The court assessed that:

- It has jurisdiction to review this case, as decision no. 9, dated 28.03.2022 of this Court does not constitute a res judicata, therefore not an obstacle in the constitutional aspect.

- The applicant fulfills the legitimation criteria, since the request was submitted by the same entity that also requested the establishment of the investigative commission.

- In relation to the basis of the claims, the Court did not reach the conclusion that in this case the constitutional standards for the establishment of the investigative commission are met.

For the above, the Constitutional Court, in support of Articles 77, 131, point 1, letter "ç" of the Constitution, as well as Articles 54, 55, 56, 72 et seq. of Law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", by majority vote,

DECIDE:

1. Dismissal of the request.

This decision is final and enters into force on the day of its publication in the Official Gazette.

The final decision will be announced as reasoned within the legal deadlines provided by law no. 8577, dated 10.02.2000 "On the organization and functioning of the Constitutional Court of the Republic of Albania", as amended by the Regulation on Judicial Procedures of the Constitutional Court.


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