The Speaker of the 11th legislature, Avni Dehari, has decided that the constitutive session will continue its work on Saturday, from 11 am. This has prompted reactions from a number of new MPs, but also from monitors of the work of the Assembly and lawyers, who assessed that the failure to reconstitute the Assembly within the 30-day period from the certification of the result, which ends on Friday, constitutes a violation.
The Speaker of the 11th legislature, Avni Dehari, has informed the new deputies that the constitutive session will continue on Saturday at 11 am.
Thus, the works will take place beyond the deadline defined by the Constitutional Court, according to which the constitution of the Assembly must be completed within 30 days from the certification of the election results. The 30-day period ends on Friday.
Failure to conclude the session during the day, according to Constitutional Law lecturer Ditar Kabashi, constitutes a circumvention of the Constitution.
"If the Assembly is not constituted by midnight, then the text of the Constitution and the judgment of the Constitutional Court will be ignored. A meta-constitutional procedure will be initiated, that is, beyond the constitution," Kabashi said on the "60 Minutes" show on KTV.
According to him, violating the deadline does not produce constitutional consequences for the new legislature or for the new MPs.
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"Since there is no legal sanction, it remains in the political will, and the political will must be manifested through the re-call of the session," Kabashi said.
And, the monitor of the work of the Assembly, Eugen Cakolli, has emphasized that the scheduling of the continuation of the constitutive session for Saturday constitutes a clear violation and direct infringement of the constitutional order. According to him, the deputies should go to court.
"This decision and all this behavior constitute a procedural violation, a constitutional violation and a failure to implement the judgment of the Constitutional Court. Therefore, immediately after midnight, at least ten deputies should address the Constitutional Court, contest the decision to schedule the session after the deadline and the inactions of August 6 and 7, as well as request a temporary measure to suspend tomorrow's session before 11:00", Cakolli declared.
The session began on Thursday, but was interrupted at the request of the leader of the Self-Determination Movement, Albin Kurti, who stated the need for more time for negotiations between political parties, with the aim of reaching an agreement on the president.
But, according to the Group for Legal and Political Studies, the president's issue cannot be used as an excuse to suspend or postpone the fulfillment of a constitutional obligation.
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"Today there is no longer any room for justifications, broad political interpretations or further postponements. There is only one clear obligation, the constitution of the Assembly within the constitutional deadline. Any failure to fulfill this obligation would be a violation of the Constitution and an irresponsible political and institutional act," the GLPS response said.
After the constitutive session was scheduled to continue on Saturday, MPs from the opposition parties of the Vetëvendosje Movement also reacted, calling the decision made by Chairman Dehari, who is an MP from this political entity, unconstitutional.
