Constitutional Court rejects Basha’s request on immigrants deal, accepts the complaint of Bardhi’s group on agreement with Italy

In the document provided by Top Channel, the Constitutional Court announces that the request will not be considered as the issue is not in the interest of the subject “Partia Demokratike”.

“The Court does not take for well founded the interest of the political parties in setting the Court in motion in the sense of Article 134 point 2 of the Constitution. The interest is considered justified if it can be proven by the political party itself that the negative consequence is direct, and related to its functions (see decisions no. 28, dated 30.06.2021 of the Constitutional Court)” – the announcement states.

The agreement with Italy for the reception of immigrants in Albania was suspended after the Constitutional Court considered the request signed by 30 deputies of the Bardhi-Berisha group in the opposition DP.

In their complaint the Bardhi-Berisha group of deputies requested the suspension of approval and then the repeal as unconstitutional, of the Rama-Meloni agreement for the reception in Albania of foreign immigrants arriving in Italy.

According to the opposition, the agreement has several constitutional violations. First, the Prime Minister did not receive authorization from the President to give Albanian territory to Italy for use. The opposition MPs reason that, after the decision of the Constitutional Court in 2010 on the Sea Agreement with Greece, the government cannot negotiate an agreement with another country on matters involving territory, unless it first receives authorization from the president.

The other main argument is the issue of violation of human rights in the territory of Albania, since the agreement forces the detention of migrants in a camp. The opposition MPs argue in their request to the constitutional court that this contradicts several international conventions on the dignified treatment of migrants.

Top Channel