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Xhaçka/Bardhi's mandate for Venice opinion: The biggest slap in the face of a majority in these 34 years

2024-12-10 12:15:28Politikë SHKRUAR NGA REDAKSIA VOX
Xhaçka/Bardhi's mandate for Venice opinion: The biggest slap in the
Gazment Bardhi

The chairman of the DP parliamentary group, Gazment Bardhi, has reacted to the opinion of the Venice Commission on the mandate of Olta Xhaçka. Bardhi says that the opinion of the Venice Commission " confirms once again that the majority's position was a constitutional coup against the rule of law."

Accusing Parliament Speaker Elisa Spiropali of spreading fake news, Bardhi emphasizes that "the Venice Commission has dealt the biggest slap in the face to a majority in these 34 years, confirming internationally that the non-implementation of Constitutional Court decisions by political vote is unprecedented."

Bardhi's full reaction:

I gratefully greet the Venice Commission for its professional opinion that confirms once again that the majority's stance was a constitutional coup against the rule of law.

The Venice Commission clearly confirms the justice of the opposition's battle, reiterating that there can be no political discretion in respecting and implementing the decisions of the Constitutional Court. In the specific case from which this request arose, the Constitutional Court has taken two decisions and the effective implementation of these decisions should not be conditioned by the vote of the parliamentary majority.

Once again, the Speaker of the Parliament's deception with fake news spread a few days ago has been exposed. The Venice Commission has dealt the biggest slap in the face to a majority in 34 years, confirming internationally that the non-implementation of Constitutional Court decisions by political vote is unprecedented.

The Constitutional Court's essential positions:

-Paragraph 20:

The Assembly argues that the latter scenario is applicable in relation to Article 70(4) of the Constitution as the provision states that the Assembly “decided” to refer the matter to the Constitutional Court. However, the Commission would like to point out that in this specific case the Constitutional Court of Albania has already issued a decision that the Assembly was obliged to refer the motion on the incompatibility of the mandate of the specific deputy to the Constitutional Court.

-Paragraph 22:

In light of the above, questions number 1 and 3 should not be seen as matters of free mandate, as there can be no political discretion regarding the respect and implementation of the decisions of the Constitutional Court. In the specific case from which this request arose, the Constitutional Court has taken two decisions and the effective implementation of these decisions should not be conditioned by the vote of the parliamentary majority.

-Paragraph 57:

Compliance by all authorities with the decisions of the Constitutional Court is based on the principle of constitutional loyalty as an element of the rule of law. Such compliance should not be conditional on the vote of a parliamentary majority, but is an essential requirement of the rule of law. When a decision of a Constitutional Court interprets the Constitution as limiting the decision-making power of Parliament, the latter must take a decision in accordance with the judgment of the Court and vote on the limited issue as determined by the Constitutional Court.


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