The Parliamentary Group of the Democratic Party reported yesterday to SPAK, 73 deputies of the Socialist Party, accusing them of obstructing the execution of two decisions of the Constitutional Court.
“Specifically, in the report submitted to SPAK 73, the deputies of the Socialist Party are accused of having colluded with the criminal offenses of “Obstructing the execution of the Court’s decisions” and “Non-execution without legitimate reasons of the Court’s decision”, – the announcement of the Group states of the DP.
The full DP Group announcement:
The Parliamentary Group of the Democratic Party reported yesterday to SPAK, 73 deputies of the Socialist Party, including Prime Minister Edi Rama, Speaker of Parliament Elisa Spiropali, Head of the SP Group Niko Peleshi, as well as several ministers, for committing two criminal acts. Specifically, in the report submitted to SPAK 73, the deputies of the Socialist Party are accused of having colluded in the criminal offenses of “Obstructing the execution of court decisions” and “Non-execution without legitimate reasons of the court decision”, provided for in articles 320 and 320/ a of the Criminal Code.
After the publication in the Official Journal of the Assembly’s decision not to send the mandate of Olta Xhačka to the Constitutional Court, considering it unacceptable the political protection and obstruction of justice that the majority is doing in the case of the former minister and deputy Olta Xhačka, preventing the implementation of decision no. 1/2023 and no. 55/2024 of the Constitutional Court, the DP Parliamentary Group emphasizes in the report that this action constitutes not only the undermining of democracy and the destruction of citizens’ trust in the Constitutional Court and the justice system, but also an illegal action that is punishable by the Criminal Code.
Article 81 of the law no. 8577/2000 “On the organization and functioning of the Constitutional Court” specifies that: “1. Decisions of the Constitutional Court are mandatory for implementation. …4. Non-implementation or obstruction of the execution of the decision of the Constitutional Court is punished according to the relevant provisions of the Criminal Code.”. The Criminal Code of the Republic of Albania has provided for two criminal offenses, which guarantee the implementation of court decisions. Specifically, Article 320 of the Criminal Code provides that the performance of actions with the aim of not executing or obstructing the execution of the court decision constitutes a criminal offense and is punishable by a fine or imprisonment of up to two years. Meanwhile, Article 320/a of the Criminal Code provides that the non-execution of a court decision without legitimate reasons, by the employee charged with the execution of the decisions, and when this offense is committed to favor persons who have an interest in the non-execution of the decision, is punishable by a fine or with imprisonment up to three years.
In this sense, the deputies referred by us, through decisions no. 41/2024 and 90/2024 of the majority in the Assembly of Albania, have carried out active actions in order not to execute or prevent the execution of two decisions of the Constitutional Court no. 1/2023 and 55/2024. This non-execution was done without legitimate reasons, even though they were expressly charged by the Constitutional Court with the execution of these court decisions, in order to favor their colleague Olta Xhaçka, who has a personal interest in the non-execution of this decision.
The DP Parliamentary Group has asked SPAK to register the criminal proceedings for the commission of the criminal offenses provided by articles 25, 320 and 320/a of the Criminal Code, carried out in cooperation, against 73 deputies of the Assembly of Albania, members of the Parliamentary Group of SP; as well as the performance of all necessary investigative actions, including, but not limited to, the administration of the complete written practice that proves the commission of criminal offenses.
