Parliament rejects Presidential decrees

23/06/2011 14:50

In absence of the Socialist Party, but with unanimous vote from the
ruling party MP-s, the Albanian Parliament voted in favor of the
Presidential decree which nominates Fatmir Hoxha as member of the
Constitutional Court.

But this decree was not the most important act of this Parliament session. Before opening the voting for only one of four candidacies decreed by President Bamir Topi, the majority decided to approve only one of the four decrees.

Not only because for them this was the only candidacy that the fulfills the criteria set by the Parliament, but also for implementing the latest decision of the Constitutional Court for respecting the constitutional principle of renewing constitutional mandates.

This court accepted the complaint of Democratic Party MPs, who declared that this principle was violated by many members who are staying on duty more than their mandate allows, but the Court argued that this was a problem of the law.

The Constitutional Court recognized the authority of the Parliament for implementing the legal mechanism of renewing one third of this Court every three years. For this reason, the Parliament decided to reject the three other decrees offered by the Albanian President.

This is the first time that the Albanian Parliament follows this procedure, by rejecting the candidacies decreed by the President for constitutional nominations, without voting the decrees in a plenary session. The arguments of the Commission of Laws that was approved from the majority, says that if the voting procedure would have been performed in this session even by rejecting the three other decrees of the President, the Albanian Parliament would be violating the decision of the Constitutional Court.

By approving only one candidacy decreed by the President, and by rejecting the three other candidacies, the majority considers as closed the old institutional debate for renewing Constitutional Court members. According to this decision, the President will be able to exert his constitutional right for nominating the three other members of the Constitutional Court after more than two years.

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