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Politike

Lulzim Basha or Sali Berisha, the date is revealed when the Court of Appeal will decide who owns the stamp and logo of the DP, here are the judges who have the fate of the Democrats in their hands

Lulzim Basha or Sali Berisha, the date is revealed when the Court of Appeal will

The Court of Appeal in Tirana was set in motion yesterday, while it set June 11 as the date when it will restart the trial of the Democratic Party's seal and statute. The trial, which has turned into a battleground between the group of Lulzim Basha and Sali Berisha, will be on June 11 at 10:00. The rapporteur is judge Alma Ahmeti with members of the judging panel Iliba Bezati and Elona Toro, who will re-examine the battle that started in 2021 between the parties. So it remains to be seen who will be given the seal and logo of the official DP, but one thing is certain that until the decision is made, the democrats will continue to be anxious.

The decision of the Supreme Court to return the case to "Appeal"

Meanwhile, we recall that the issue of the seal of the Democratic Party was returned to Appeal after the decision of the Supreme Court on December 27, 2023. Some time ago, the Court decided to return to Appeal the issue of the seal of the Democratic Party. "In the justification of its decision, the Court of Appeal has reached the conclusion that Mr. Lulzim Basha continues to be the president of the PDSH, limiting its legal reasoning to the fact that the request for relinquishing the function of the President of the PDSH of Mr. Lulzim Basha has not been formalized in writing, nor has it been filed in the register of political parties. However, this court has not evaluated and has not taken into detailed analysis the fact whether the statutory changes approved by the National Assembly on 17.07.2021, in which Mr. Lulzim Basha was re-elected Chairman of PDSH, were registered in the register of political parties or no, and whether these changes have produced legal effects. Also, the appeals court has not assessed and concluded from the point of view of fact and law what legal effect and importance from a legal point of view the extraordinary meeting of the National Assembly of the PDSH has, as well as the decisions taken in this Assembly, where some of these decisions are related to the dismissal of the governing bodies of the PDSH (one of which is the Chairman of the PDSH, Mr. Lulëzim Basha) and the creation of new governing bodies, such as the Re-establishment Commission", the decision states.

Details from the decision of the GJK

The College assesses that, in the conditions where the Court of Appeal has legitimized and agreed to consider the appeal presented by PDSH represented by MP Enkelejd Alibeaj according to the authorization issued by the chairman Mr. Lulzim Basha, there was no reasonable legal reason that to return the examination of the case for a retrial, leaving the duty of the court of first instance to verify and conclude who legally represents the PDSH political entity. With the disposition to return the case for retrial at first instance, as well as with the tasks left for implementation, the appeals court has changed the nature (ritual) of the trial of the dispute, i.e. from a graceful trial with the requesting party, to a contentious trial with opposing party. In this case, the court has created a new case, which, from the procedural point of view, has completely deviated from the case that was considered in the First Instance. The panel assesses that, in reaching the conclusion of who is the competent body that represents the PDSH in this case, the appeals court should not have limited and narrowed the judicial review, assessing the fact that the resignation of the president of the PDSH Mr. Lulzim Basha was carried out in written form and was it reflected in the register of political parties. In order to have a fair and comprehensive trial of the case, as well as to correctly understand the nature of this trial, the Court of Appeal should consider and analyze from the point of view of the law and the fact, what probative and legal value they have : (i) the acts approved in the National Assembly of PDSH on 11.12.2021 regarding the governing bodies of PDSH, for which registration in the register of political parties is required; (ii) acts produced by the CEC and KAS electoral bodies insofar as they can be considered to influence the dispute under review; as well as (iii) the decisions taken by the Judicial Electoral College, which is a court and the decisions given by it are final judicial decisions. Only after analyzing all the necessary facts and evidence administered in the file, the court would have the opportunity to definitively conclude who is the body that legally represents the DPSH to third parties, which is the legal entity that withdraws the rights in this trial. The College considers that despite the fact that what it has reasoned above in this decision are sufficient legal arguments to justify the annulment of the decision of the Court of Appeal and the return of the case for retrial, due to the jurisprudential importance, it considers it reasonable to stop and to analyze that the other reasons that the Court of Appeal cited in its decision-making, when it assessed the violation of decision no. 3, dated 25.03.2022 of the Tirana Judicial District Court and the return of this case for retrial, with another panel.

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