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The Constitutional Court has made the decision for President Ilir Meta.
The Constitutional Court in a given notice has overthrown the Assembly and has not dismissed President Meta.
The full decision of the Constitutional Court
The Constitutional Court of the Republic of Albania took into consideration in the public plenary sessions of 01.02.2022, 03.02.2022 and 07.02.2022 the decision no. 55/2021, dated 09.06.2021 of the Assembly of Albania “On the dismissal of the President of the Republic of Albania for serious violations of the Constitution”.
At the end of the review of this case, the Constitutional Court assessed that:
It has jurisdiction to review this issue, in accordance with the provisions of Articles 90 and 131, point 1, letters “dh” of the Constitution and within the limits of its review include both the verification of the procedures followed by the Assembly, as well as the determination of the violation as well as the provability of the relevant facts.
The Assembly has the legitimacy to be a party to this process. Legislature X of the Assembly, based on the principle of institutional continuity, has the legitimacy to represent its Legislature IX.
Also, the IX Legislature of the Assembly has had substantial legitimacy, in assessing the moment of constitution of the Assembly, replacement of deputies, total number of deputies, lack of decisions of competent bodies to declare irregularity or invalidity of the replacement of mandates and the possibility of this Legislature to achieve the necessary quorums, as well as the entirety of laws and decisions adopted.
The Constitutional Court, after verifying the procedure followed by the Assembly for the establishment of the investigative commission, guaranteeing the right of the President to be heard and to defend and taking into account the organizational independence of the Assembly, as a whole found that there was no constitutional violations during this procedure.
Regarding the reasons for which the Assembly has decided to dismiss the President, the Constitutional Court, after determining the objective elements of “serious violation of the Constitution” provided in Article 90, point 2, of the Constitution, and assessed the request of Article 90, point 3, of the Constitution to prove the guilt of the President, concluded that:
1. The facts presented as violations of Article 86, point 1, and Article 89 of the Constitution, do not constitute serious violations of the Constitution.
2. There is no serious violation of Article 88, point 3, of the Constitution, as:
– The facts related to the rights in the electoral process do not constitute serious violations of the Constitution.
– The facts related to the relations with the strategic partners do not constitute a violation of the Constitution.
– The facts presented as violations related to the independence of public bodies do not constitute violations of the Constitution.
– The facts presented as violations of public order and security do not constitute violations of the Constitution.
3. The facts presented as a violation of Article 94 of the Constitution do not constitute a violation of the Constitution.
For these reasons, the Constitutional Court of the Republic of Albania, based on articles 90, point 2 and 131, point 1, letter “dh”, of the Constitution, as well as article 63, point 2, of law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania” as amended,
VENDOSI:
– Repeal of decision no. 55/2021, dated 09.06.2021 of the Assembly of Albania “On the dismissal of the President of the Republic of Albania for serious violations of the Constitution”.
The final decision will be declared reasoned within the legal deadlines provided by law no. 8577, dated 10.02.2000 “On the organization and functioning of the Constitutional Court of the Republic of Albania”, as amended by the Regulation on judicial procedures of the Constitutional Court
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