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Venice Commission Report on Xhaçka, Bushka: There was no constitutional crisis

2024-12-10 13:40:17Politikë SHKRUAR NGA REDAKSIA VOX
Venice Commission Report on Xhaçka, Bushka: There was no constitutional
Clotilda Bushka

The Chairwoman of the Committee on Legal Affairs, Klotilda Bushka, has given a statement to the media following the publication of the Venice Commission's opinion regarding the mandate of Socialist Party MP, Olta Xhaçka.

Bushka says that based on the opinion of the Venice Commission, it is clear that the questions regarding the vote on the implementation of the Constitutional Court's decisions in the case in question were fair and based on entirely constitutional and legal arguments.

She adds that the Venice Commission strikes a balance between mutual respect, between the need for MPs to have the right to vote freely and the obligation to implement clear decisions of the Constitutional Court. Bushka emphasizes that there has been no constitutional crisis for a situation that required a constitutional solution.

Klotilda Bushka: Based on the opinion of the Venice Commission, it is clear that the questions regarding the vote on the implementation of the decisions of the Constitutional Court in the case in question were fair and based on entirely constitutional and legal arguments and they relate to the integrity of parliamentary autonomy, the right of the parliamentary minority to directly address the Constitutional Court with a request in cases of incompatibility of the mandate of the deputy, the constitutional roles of the Assembly according to the definitions in the law and in the constitution. This process, including obtaining the opinion of the Venice Commission, had a technical character and was addressed by us in legal arguments. 

We believe that a court decision cannot become the subject of political discourse and time has proven us right. As the Venice Commission underlines, the Assembly recognizes the binding nature of the implementation of the decision of the Constitutional Court and has no intention of not implementing it. These decisions must be such that the Assembly is able to implement them. It is now clear that the Assembly sends the case to the Constitutional Court only when it assesses that the deputy uses public property or benefits from it.

The Constitutional Court in its role has the competence to interpret the Constitution and not to create new constitutional norms. This time too, this process was requested with the aim of clarifying the appropriate solutions when there are legal uncertainties. There has been no constitutional crisis for a situation that required a constitutional solution and a significant commitment to clarifying important aspects, respecting the principles of the rule of law, parliamentary autonomy, legal certainty and maintaining balances in democracy. The Venice Commission strikes a balance between mutual respect, between the need for deputies to have the right to vote freely and the obligation to implement clear decisions of the Constitutional Court.


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