TIRANA, July 9 /ATA/ The Constitutional Court ruled on Tuesday to partially accept the request filed by 33 opposition MPs “On the organization and functioning of investigative commissions”.
In the press release, the Court emphasized that regarding the claims for the procedure of approval of the law no. 106/2023, the petitioner did not put forth arguments at the constitutional level.
None of the alleged procedural violations have been argued in terms of violation of constitutional norms.
Moreover, the lack of consideration of the initiatives by the other two deputies has not been proven to have affected the compatibility of the disputed law with the Constitution.
Regarding the merits of the case, the Court decided to partially accept the request, as follows: Unanimously, the finding of incompatibility with the Constitution of Article 4 of Law no. 106/2023, related to the initiative for the establishment of the investigative commission, due to the legal gap in the contents of this provision.
The legal gap has to do with the need for “alternative formulations of the object of the investigation”, as stated by the Court in its case law (decision no. 30/2014), as it infringes, in essence, the right of the parliamentary minority to establish the investigative commission.
For the above, the Court, without questioning the binding force of its decisions, notes that, although during the deliberation it was established that this provision was intended to reflect the constitutional jurisprudence, this reflection is incomplete, as long as only three criteria have been reflected: i) the issue must be related to the legislative function and other functions of the Assembly; ii) the object of the investigation must focus on concrete issues or subjects; iii) there must be sufficient data or evidence for the case for which the establishment of the investigative commission is requested.
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