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Will the Constitutional Court give the final 'OK' for the dismissal of the President? Klodiana Lala shows what the law provides and the end that awaits Ilir Meta
Written by SOT.COM.AL 9 Qershor 2021
The Assembly voted today to dismiss President Ilir Meta from the high state position he held. Through an analysis, the journalist Klodiana Lala writes that for Ilir Meta to leave the highest state post, the last word remains with the Constitutional Court. Some articles of the law on the organization and functioning of the Constitutional Court provide for procedures for the removal of the President from office.
Specifically, Article 61 of this law provides that for the declaration of dismissal of the President of the Republic, the Constitutional Court is set in motion by the decision of the Assembly, which has voted the dismissal. According to the law, the decision of the Assembly must contain a reasoned description of a serious violation of the Constitution or a serious crime, as well as be accompanied by relevant evidence.
The Constitutional Court has the obligation to make this decision and evidence available to Ilir Meta, who enjoys the right to provide in writing the arguments he deems necessary. Based on Article 62 of the law, with the majority of its members decides to pass the case in public session. The President is invited to attend this session, who may be represented by a lawyer.
By law, the absence of the Head of State or his lawyer without reason does not constitute an obstacle to the conduct of the trial. After reviewing the case and concluding that the President has violated the constitution, the constitutional judges declare his dismissal. This decision enters into force on the day of its announcement.
Constitutional judges revoke the decision of the Assembly if they do not conclude that it has violated the fundamental act of the State. In cases where the case is pending, the resignation of the head of state does not constitute a reason for terminating the trial of the case.
How long does the Constitutional Court have to review this decision of the Assembly? Article 47 of the law provides for deadlines for the examination of the case. Referring to this review of cases by the panels or the Meeting of Judges ends within three months from the submission of the request. At the moment that the issue is reviewed in the plenary session, the Constitutional Court declares the final decision justified no later than 30 days from the end of the session ", explains Klodiana Lala.