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The Committee on Legal Affairs on Wednesday rejected the decree of President Ilir Meta for the return of the draft law “On co-government”.
This decree received only 3 votes in favor and 11 against, while it is expected to go to the Assembly to be voted.
The legal advisor of President Meta, Bledar Dervishi clarified that the problem of this draft law is the overlapping of competencies and the centralization of power.
“The creation of a new agency under the Prime Minister is inconsistent with the role, mission, and tasks of the state administration. Another problem is the overlapping of competencies, the centralization of power. Another issue concerns the provisions of the law to preserve the autonomy of local government. The Dialogue Agency may also take over local government competencies. Such a prediction runs counter to the decentralization of local government“, He said.
Dervishi stressed that the Council of Ministers has lost the idea of constitutional principles, further adding that the Assembly should not have approved it.
“The Council of Ministers has completely lost the idea of constitutional principles, however it is the duty of the Assembly to distance itself. The Assembly should not have approved it, but should have been guided by the principle of the rule of law, separation of powers, decentralization of local government. What is the need to create these institutions? It is expected to create a situation of legal uncertainty“, He said.
According to him, another problem is that the Agency for Dialogue and Co-Government also receives the proposing powers of acts before the Council of Ministers, while a right of this nature belongs only to the Prime Minister and ministers.
For the Minister of State for Relations with the Parliament, Elisa Spiropali, who is also the initiator of this law, it is about complementary mechanisms and not substitutes with other institutions.
“The president has not analyzed any norm of the law to go against the provisions of the code. Does not undertake to replace code predictions. The mechanisms are complementary and alternative, not substitute for institutions. There is no contradiction or overlap in the law, the constitutional principles and provisions are not violated. The law does not conflict with the law on mediators because it does not address the status and rights of mediators. The control that will be performed by the agency does not interfere in the procedure or content in the controls of other institutions“, Said Spiropali.
She explained that in terms of local autonomy, the principle of autonomy remains violated, adding that central units are involved only by agreement, with the expression of their will.
Minister Spiropali said that the reasons for the return of this draft law by the President are unfounded.
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