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Politike

The Constitutional Court annuls several points of the new Regulation of the Assembly, the exclusion of deputies who use violence from 30 days is reduced to 10, here is the severe punishment that will be given to legislators who use tobacco during the plenary session

The Constitutional Court annuls several points of the new Regulation of the

The new regulation of the Assembly, approved amid the chaos of the opposition and only with the votes of the majority, did not completely pass the filter of the Constitutional Court, which called "unconstitutional" a series of punishments for the rebel deputies. After considering the Democrats' lawsuit, the Court annulled the 30-day suspension of the violent MPs, leaving their 10-day suspension in effect. "The court unanimously repealed Article 65/1, point 6, letter "a", with content: "when the MP uses violence against other MPs, members of the Council of Ministers, employees of the sessions service, of the Guard of the Republic or employees of media", due to the ambiguity of this norm, which can lead to arbitrariness in its implementation, since for the same reasons (violence against deputies) the same article also provides for a disciplinary measure with a 10-day exclusion from participation in commissions and/or plenary session", says the decision of the GJK.

Violence against deputies

If the episode between MP Bledion Nallbati and Vullnet Sinajt were to be repeated, for the violent MP the maximum exclusion will be 10 days, the same as the old rules of the Assembly provided. But if the MPs address the Assembly again with pyrotechnics and repeat these smoking scenes in the plenary sessions, the 60-day exclusion will be in effect for them. The Constitutional Court evaluated this much-debated point of the new regulation as right and did not abolish it. But the 60-day exception will not apply in other cases, which the new regulation provided for. "Unanimously, article 65/1, point 7, letters "b" and "c" are repealed. Regarding the letter "b" with the content: "when the deputy performs actions/behavior that are suspected of containing elements of a criminal offense, provided for in the Criminal Code", the Court assessed that it carries ambiguity in the wording regarding the suspicion of elements of a criminal offense . In relation to the letter "c" with the content "when the deputy commits repeatedly within a parliamentary session the violations provided for in point 6", the Court assessed that the measure is disproportionate in terms of its appropriateness and severity", the Court's decision states Constitutional.

The unconstitutional approach

Also, the Court has found unconstitutional point 9 of the same article, which provides that if the deputy is expelled, he not only does not participate in plenary sessions and commissions, but also in other parliamentary activities. "The court repealed, by a majority vote, Article 65/1, point 9, with the following content: "During the period of implementation of the disciplinary measure provided for in points 6 and 7 of this article, the deputy is prohibited from performing any other activity as a member of the Assembly." , as it constitutes a new disciplinary measure in contradiction with the very title of this article "Measure of exclusion from committees and plenary sessions", predicting the extension of the measure to other parliamentary activities, which are foreseen listed in article 40 of the Regulation of the Assembly", announces the Constitutional Court. So, even if they are expelled, MPs cannot be prohibited from participating in other parliamentary activities, unlike what happened in these episodes on November 6, 2023, when the expelled opposition MPs were not allowed to enter the premises of the presidency for held group meeting. The regulation of the Assembly was revised and voted only with the votes of the socialists in December 2023, in a climate of chaos of the opposition that did not allow normality in the Assembly without meeting its demands, chaos that lasted about 6 months. On December 19, Gazment Bardhi with 45 signatory deputies took this regulation to the Constitutional Court, reaping, after almost 7 months, a semi-victory.

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