TIRANA, Feb. 5, 2024 – In a rare press conference, the head of Albania’s Constitutional Court, Chief Justice Holta Zacaj, has rebuked Albania’s Socialist-controlled parliament for its refusal to adhere to a crucial court ruling regarding the mandate of Socialist MP and former foreign minister Olta Xhacka.
Zacaj’s remarks came after the parliament chose not to comply with a court decision instructing it to nullify Xhacka’s mandate and refer the case for further adjudication.
“In a state governed by the rule of law, it is inconceivable to cast doubts on the enforcement of Constitutional Court rulings,” Chief Justice Zacaj said. “These rulings are unequivocal and must be honored. They carry the weight of law, and there can be no contestation of their validity.”
The opposition alleges that a company associated with Xhacka’s husband unlawfully benefitted from a lease of public land, a violation of the constitution. The court holds the authority to investigate and rule on such matters.
Despite the court’s directive to send the case for adjudication, parliament, since January of the previous year, has failed to comply, leaving the issue unresolved.
-PM sees ruling as optional-
Prime Minister Edi Rama, when previously questioned about the majority’s reluctance to adhere to the court’s decision, argued that the ruling was not unequivocal.
The controversy stems from a 30-year lease granted for a beach on the lucrative southern coast in March 2022, which later revealed the beneficiary company to be owned by Xhacka’s husband, during her tenure as foreign minister.
Opposition demands for the nullification of Xhacka’s mandate, citing constitutional prohibitions against parliamentarians acquiring publicly owned properties for themselves or their relatives, have been met with resistance from the ruling majority.
The parliament has also rejected a parliamentary committee to investigate the matter, further exacerbating tensions over government accountability.
-SP accused of flouting democratic norms-
In January 2023, Xhacka was relieved of her duties as foreign minister and replaced by Igli Hasani. The subsequent seizure of property owned by Xhacka’s husband, former Socialist MP Artan Gaci, by the Special Prosecution Against Organised Crime and Corruption SPAK in October added fuel to the fire of accusations of misconduct within the government.
This incident marks another instance where Rama’s Socialists face accusations of flouting democratic norms regarding governmental accountability to the parliament.
Albania’s parliamentary leaders have increasingly gone off the rails, critics say, expelling opposition MPs from proceedings and shutting down parliamentary investigative commissions as concerns grow over unchecked rule of Prime Minister Rama and his ruling majority.
