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The Constitutional Court on Tuesday rejected the request of the President of the Republic Ilir Meta for the exclusion of the body that is considering the dismissal of the latter in the Constitutional Court, arguing that such a request is not based on the Constitution.
In its decision, the court states that no judge filed a motion to waive the hearing of the case. According to her, the reasons claimed by the institution of the president against the mayor Vitore Tushaj are unfounded in the Constitution. With the same claim, the court decided on the claims raised against the members of this court.
We recall that the legal representatives of President Ilir Meta today demanded the exclusion of the body that is considering his dismissal in the Constitutional Court, arguing that they can not be impartial.
According to the legal representative of the president, Bledar Dervishaj, three members of the Constitutional Court: Vitore Tusha, Përparim Kalo and Fiona Papajorgji, must resign from the review of this issue because they have a conflict of interest.
Dervishaj said that the president of the Constitutional Court is in office for 5 years beyond her mandate, while Judge Përparimin Kalo has been appointed rapporteur by lot, which is in violation of the constitution.
“The member of the Constitutional Court can not stay so far beyond the mandate, as it creates an illogical situation and consumes half of the mandate of the other member“, Said Meta’s legal representative.
In these conditions, according to Dervishaj, this body can not judge this issue impartially.
“The president has lost all faith in this judicial body,” said Dervishaj.
On the other hand, the representative of the majority, Klotilda Bushka, asked the trial panel to reject the request for the exclusion of this panel from the examination of the case, calling the analysis of the legal representative of Meta hypothetical.
The court decided to withdraw to consider the request of the President, which only after a few minutes decided to reject it on the grounds that such a request is not based on the Constitution.
The President of the Republic refused to be present at the hearing and is represented by lawyers Kaltrina Treska and Bledar Dervishaj.
In June last year, 104 deputies voted in favor of ousting President Meta. The Socialist majority blames him for public statements before and during the parliamentary election campaign, which according to the Socialists have violated the Constitution.
The vote was based on the findings of a report drafted by an investigative commission set up to investigate President Meta’s stance before and during the 2021 parliamentary election campaign.
Meta has considered illegal the decision to dismiss him. But through a post on his Facebook page this morning, the head of state announced that his lawyers will appear at the session of the Constitutional Court where the request of the parliament is expected to be considered.
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