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Politike

"It is not the value that is opposed, but..."/ DP raises doubts: Why does the Supreme Court not act in favor of the 500,000 families that benefited from the legalization process?

"It is not the value that is opposed, but..."/ DP raises doubts: Why

The member of the National Council of the DP, Çlirim Gjata, through a statement to the media, raises the question of why the Supreme Court does not act in favor of the 500,000 Albanian families that have benefited from the legalization process.

According to Long, the Supreme Court should examine this conflict, in its United Colleges for unification, where the obligation to implement the decision of the Constitutional Court is sanctioned.

He further adds that the Supreme Court must prevent any action by judges without integrity to review and decide abusively on cases which cannot be raised after it has been decided by the Constitutional Court, otherwise the legal security of hundreds of thousands would be compromised. owners who have benefited from this process.

Why the Supreme Court does not act, in implementation of Decision no. 35/2007 of the Constitutional Court, to guide the courts of lower levels, in favor of over 500 thousand families that have benefited from the legalization process by unifying the concrete administrative issues that are being examined these days in the Supreme Court by the Administrative College?

Will the Supreme Court attempt to overturn Decision No. 35 of the Constitutional Court and the legalization law itself, to the detriment of over 500,000 families who have benefited from this process?

In this process, the Constitutional Court reached the conclusion that there is a 'public interest' that can justify the expropriation of legal owners and the transfer of their properties to the ownership of builders of constructions without permission. This then paved the way for the progress of the legalization process, which until those moments was in its initial stages.

But what steps did the Supreme Court take to implement this decision of the Constitutional Court. According to Article 132 of the Constitution, the Decisions of the Constitutional Court are final and binding for implementation. The Supreme Court has not undertaken any decision to unify or unify the judicial practice.

If every lawsuit opposing the legalization process is accepted, then it is not the value that is opposed, but the 'public interest' itself. Not even after the 'judicial reform' and after the completion of the entire judiciary, the Supreme Court has not taken any steps to regulate this issue. The Supreme Court has the obligation to issue a unifying or compensatory decision in administrative cases of this type.

Will he do this or will he try to overturn Decision No. 35/2007 of the Constitutional Court with a Court Decision? Because, there are more than 500 thousand families that benefited from the legalization process and received the ownership certificate. Imagine if the Supreme Court opened this practice and only at least 1/3 of the number of legalizations entered into court conflict, we would have not less but more than 166 thousand lawsuit requests in the courts.

While the Independent Qualification Commission (vetingu shk I), no more than a month ago, made a decision on the relevant 'Dismissal of the Judge', precisely due to the fact that it made such a decision contrary to Decision no. . 35/2007 of the Constitutional Court.

The Independent Qualification Commission has concluded that: 'the subject has demonstrated deficiencies in terms of legal knowledge, in the sense of Article 72/2 of Law no. 96/2016, and in terms of legal reasoning, in terms of Article 72/3 of Law no. 96/2016 regarding the quality of the analysis and reasoning of the decision. Will abusive and corrupt actions, such as those of the lower administrative courts, be allowed by the Supreme Court and contrary to Decision No. 35/2007 of the Constitutional Court?

The Supreme Court should examine this conflict, in its United Colleges for unification, where the obligation to implement the decision of the Constitutional Court is sanctioned, for this process so important and vital for hundreds of thousands of families that have benefited from the process of legalization.

The Supreme Court must prevent any action by judges without integrity, to examine and decide in an abusive manner on cases which cannot be raised after it has been decided by the Constitutional Court. Otherwise, the legal security of hundreds of thousands of owners who have benefited from this process would be violated.

 

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