Re-establishment Charges / Lottery on Appeal, case to be heard by Judge Elona Toro

The Tirana court on 22 April accepted the appeal of the DP, represented by Enkelejd Alibeaj, legitimizing him as a complainant and accepting the right to appeal.

The battle will already take place in the Court of Appeals, after the decision of Judge Blerina Muça to accept the appeal of Enkelejd Alibeaj, where the Court accepts as a party in the process, the deputy chairman of the Democratic Party Alibeaj.

On March 18, Judge Blerina Muça decided to accept the request of the Democratic Party and to deposit the statute of the decisions issued by the National Assembly held on July 17, 2021.

On March 25, Judge Agron Zhukri ruled that the official DP body should be the Re-establishment Commission, for which a complaint was filed by Alibeaj.

Recall that Agron Zhukri decided: Acceptance of the request of the requesting party Democratic Party of Albania, represented by the Temporary Re-establishment Commission of DPA.

The Court of Appeals also called on political parties not to interfere in the institutions of justice.

statements

The Tirana Court of Appeals, maximally appreciating the fundamental rights and freedoms of citizens, mainly those of freedom of expression and opinion, brings to the attention of public opinion that they must be exercised in respect of the equally fundamental rights that compete with them. The Court is aware of the role of political parties in a democratic society, to any public debate on the organization, conduct and exercise of their role in the development of society, carries in itself issues of public interest.

On the other hand, just as important in a state governed by the rule of law is respect for the independence, authority, legitimacy of the judiciary, as well as the avoidance of statements or attacks that undermine public confidence in the judiciary. Referring to the statements already made public, which go beyond the internal party debate, or even the opinions expressed regarding these developments, the Tirana Court of Appeals, responsible for the function assigned to it, considers inadmissible any reaction and statement prejudicial, offensive or denigrator who intends to influence the making of a particular decision on these issues.

For a state governed by the rule of law, such attacks on judges and courts, which are perceived as direct interference with judicial activity before decisions are taken by them, are legally and constitutionally unacceptable. The court is and will remain the only authority that has the power and responsibility to administer justice, and as such must be respected. The Tirana Court of Appeals guarantees that it will consider responsibly, objectively, fairly and transparently the issues that have been referred to it for consideration, welcoming any constructive remarks related to the judicial activity, but not accepting any denigrating attack on it, which is directly related to exercising the function and mission for which he is charged by the Constitution.

“Re-establishment” has complained to the High Inspectorate of Justice and the Independent Qualification Commission for Judge Blerina Muça, who accepted the appeal of Enkelejd Alibeaj against the decision of Judge Zhukri.

Clashes within the DP have been going on for a long time due to the decisions of two judges, one of whom recognizes the National Assembly convened by former President Lulzim Basha, while the other recognizes the Assembly convened by Sali Berisha.

For this reason, the Court of Tirana has clarified the decisions taken by Blerina Muça and Agron Zhukri for the Democratic Party, saying that a final decision will be awaited.

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