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Politike

BIRN: The opposition asks Nikola to implement the decision on Xhaçka's mandate

BIRN: The opposition asks Nikola to implement the decision on

Former minister Olta Xhaçka was accused by the opposition of having violated the Constitution, which clearly prohibits a deputy from benefiting from public goods, after her husband, businessman Artan Gaçi, gained the status of 'strategic investor' and was granted the right to use of the coast for 30 years by government decision.

However, the majority, after initially refusing to extend the mandate of the socialist deputy to the Constitutional Court, has been delaying the implementation of this court's decision for more than a year.

According to the chairman of the DP Parliamentary Group, Gazment Bardhi, this is a "political protection" that is being offered to the MP of the ruling party by the Assembly.

In a letter addressed to the President of the Assembly, Lindita Nikolla, he requests the implementation of this decision and the call of the Conference of Speakers to include in the agenda of the nearest session the order for sending the motion for the interpretation of the mandate to the Constitutional Court.

"Any further delay of this issue would be the most flagrant violation that the Assembly has done to the Constitution in 33 years...," writes Bardhi in this letter made public on Monday.

According to him, the Assembly, by not implementing this decision, is violating the right of the parliamentary minority, the basic principles of the rule of law and public trust in the Constitutional Court.

"This case takes on the dimensions of pure political protection and obstruction of justice, if we take into consideration the new data investigated and made public by SPAK, from which it turned out that ownership of the land was obtained with completely forged documents... "- continues Bardhi in his letter, referring to the arrest of the acting mayor of the Himarë municipality, Jorgo Goro, accused of being involved in the alienation of the property where Xhaçka's husband is building.

In January 2023, the Constitutional Court, responding to a lawsuit by DP deputies, overturned as unconstitutional the decision of the Assembly not to send the case to it, asking it to decide the opposite.

However, the implementation of this decision has been dragging on for more than a year with various excuses, while the majority used the new crisis in the Assembly due to the protests of the opposition, as an excuse for postponing the case indefinitely.

The Council of Legislation through the majority approved a report in July, where it suggested to the Speaker of the Assembly, the return of the case to the Council for Regulation and Mandates, while the opposition suggested following the previous parliamentary practice to send directly to the session for voting the request of the opposition that the mandate of Xhaçka to go for interpretation to the Constitutional Court.

Nikola, who has the legal competence to decide on the further parliamentary procedure, used various excuses for inaction. After being excused in the autumn with the busy agenda, in December her cabinet told BIRN that this issue would be considered when the normality of work in the Assembly returns.

After an agreement reached between the SP and the political group representing Bardhi this month, the opposition has returned to regular parliamentary life./BIRN

 

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