Democracy Plus: Albin Kurti and Albulen Haxhiu can't run for elections

Albert Kransiqi software manager in Democracy Plus. has commented on the Constitutional decision, says the decision to bring down the Hoti Government is not professional and inexplicable.

He mentions some matters of decision that he holds out to make him unfair and inexplicable.

The court has a problem distinguishing between the criteria for qualifying candidates to compete for elections for MPs at the loss of the MP's mandate, which are two different issues. Election candidate qualifications are required that the last three years be condemned for criminal acts, while the loss of the MP's mandate is lost when there is a year and more prison sentences and in that case the MP's mandate is lost. The court has treated them as interconnected, and thus often confuses them among points of for example, 11 and 12 times says that the sentence is in prison, once a penalty for criminal acts that are not clear of the distinction which is substantial. )

Then he has abolished a constitutional article that is Article 45, and empowered a provision of the law on general elections. So it has given judicial superiority to the law in relation to the Constitution, and this is an absurd decision, therefore, because it has to make the interpretation of the Constitution and the compliance of the law with the Constitution and not the compliance of the Constitution with the law.

The trial comes out of the motion put forward, and puts in an adverse way for the extradition of candidates for deputies from the CEC and verifying the mandate of MPs from the Parliament. The decision by the Assembly to verify the mandates has had to be disputed within eight days, not after six months. This also explains the reason for holding the public session through which it was enabled before the petitioner to change the target opposed by what he originally put in writing. The annulment of Eem Arifiti's vote is contrary to the practice imposed by the Court itself, in the freshest case for votes received by mail outside the legal deadline. In this case despite having been able to do so, representation in the country is denied a political subject through a constitutional verdict of the Supreme Court, the Constitutional Court had not cancelled the announced election outcome, but had only clarified the way of action for the upcoming elections.

The court was based on a non-relevant paragraph of a Venice Commission report, since the same Report stipulates that limiting the right to participate in elections should be a proportional measure, seeking to be based on the nature of criminal work, the purpose, length of condemnation, and severity of the work. These elements the Court did not take into account”, Krasniqi estimates.

According to him, under the Constitutional Court's decision, each person has done a criminal offense in you in recent years can be certified for elections. He says that under this act, Albin Kurti Albulen Haxhiu, Donika Cadaj-Bujupi convicted of throwing tear gas into the Assembly, cannot run for elections.

“According to this act, it turns out that no person who has committed criminal acts in the last three years can be certified for deputy candidate, independence if it is conditional, supplementary, or whatever kind of punishment it is, because even with the penal code with the changes made has been lifted that parole sentences have legal consequences and now have legal consequences, so Mr. Kurti, Mrs. Haxhiu, Caday-Bujupi, who have sentences in the last three years for criminal acts, could be certified for deputy candidate. But the principle should also be followed by ministers for both deputies”, he said.