Pyramid “ends up” in Court

“On behalf of the SP Parliamentary Group, we filed a complaint signed by more than 15th of the Albanian MPs to the Constitutional Court for declaring the procedures of the construction of the new Parliamentary Complex as inconsistent with the Albanian Constitution”, Balla declared.

Two are the objects of this 23 pages long complaint, created by the Socialist Party lawyers. They are asking the Constitutional Court to declare as inconsistent the four laws that were approved on 14 July 2011 “for the rules and procedures for the construction of the new Parliamentary complex in Albania and for the nullification of this law.

Although this law has been published in the Official Journal, the Socialist MPs argue the legitimacy of this request, mentioning this fact as in it.

“The Constitutional practices and doctrines clearly show that while the subjects as listed in clause Dh and below, might make a request only for matters that regard their interests. The four first subjects have the full legitimacy to put in motion the process of constitutional control for public interest. In the fourth page of the request there are listed the violations of this law, such as the violation of the principle for dividing and balancing powers, as assigned on the seventh article of the constitution. Also the law for the organization and functioning of the local government, a law that was approved with qualified majority”.

The law for the demolition of the Pyramid is considered as a violation of the Law for Urbanity and that of Territory Planning.

Another part of the request is based on the argument why there is a violation of the principle of rule of law.

Page number 10 of the complaint says that “the law dated July 14th interferes with the existing legislation and was regulated in full violation with the regulations that were issued before and are still in act, and for laws of a higher rank in the norm hierarchy”.

Two decisions of the Italian and Polish courts have been attached to the complaint. These courts have expressed their opinion for the argument of making expenditures from the legislator, using the state budget.

Mentioning also the 333 million ALL that are needed for the demolition of the Pyramid, and the 66 million EUR spent by the state budget for the Pyramid since 1998, when it was reconstructed, including the expenses for turning it to a theatre, the Socialist MPs ask the Constitutional Court to consider the damage that is caused to the state budget and that have not been taken in consideration by the laws that were approved in the Parliament.

The complaint was filed and the Constitutional Court is expecting to review it in the next months.

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