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The Democratic Party has expelled from the parliamentary group of the Democratic Party four deputies, who have come out in support of former Prime Minister Sali Berisha.
The deputies opposed the decision, which was read yesterday in the first parliamentary session for this year by the Speaker of the Assembly, Lindita Nikolla.
According to lawyer Sokol Hazizaj, the DP decision is illegal.
He explains that Albania has a proportional regional system, and such, formally, we no longer have people’s deputies, but we are dealing with people’s parties.
“We have people’s parties. The law on political parties has changed. All political parties have contracted a ‘disease’, due to the authority of the chairman, or the forum, the so-called presidency, which makes decisions that are both statutory and immoral, but not even legal.”.
The rules of procedure of the assembly, the lawyer explains, do not allow the expulsion of deputies. They can leave the Parliamentary Group only if they so request.
“The expulsion of MPs may be moral, but it is not legal. To see then how formal this is, we must orient ourselves to the constitutional moment and the rules of procedure of the assembly.
The rules of procedure of the assembly do not say that you have the right to expel the deputy from the parliamentary group, but the deputy through a statement, can leave the parliamentary group himself. From the moment the assembly starts, a statement is received from each deputy, in which parliamentary group he is attached.
The choice made yesterday, through exclusion is illegal. You can not put pressure on MPs to leave the parliamentary group”.
But can the deputies take the case to the Constitutional Court?
“This is a conflict of administrative-political character, of the way the Parliamentary Group is managed. This may be the subject of a trial by the Constitutional Court, but from my experience, given that the Constitutional Court did not accept the case of the municipalities (which are without a mayor), and in this case, it can refer it to another administrative court.“, Answers Hazizaj.
The lawyer adds that “it is several years since the Albanian parliament has lost its legal sensitivity. “We have an assembly with only 122 members.”
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