TIRANA – “The Venice Commission confirmed clearly that the cause of the institutional clash between the Assembly and the President of the Republic was the illegal actions of former Chair of the Justice Appointments Council, and in particular the manner in which the lists were sent by him,” has said President Ilir Meta.
The President made that statement in his reaction over the last opinion of the Venice Commission on Monday which confirmed that reasons for the clashes between the head of state and Parliament were the unlawful actions of the Former Head of Justice Appointments Council (JAC) Ardian Dvorani.
He stressed that the JAC’s Head had not worked transparently, while noting that the exclusion of the Ombudsman from the Council’s meetings was unconstitutional.
“The Opinion clarifies without any equivoque that the individual responsibility of the former Chair of JAC, for the timing and manner of submitting the lists, is fully proven because he did not discuss it in plenary meetings with all JAC members as required by law,” said Meta.
Further on he said his actions were not only in line with the Constitution, but they also preserved the constitutionality of the Court members’ appointment. “Venice Commission in paragraphs 96, 98 of the Opinion confirmed as definite that the President’s actions were in full compliance with the Constitution and the Law, but also that they have maintained the constitutionality of the entire appointment process.”
Regarding the anti-constitutional law of the majority to change the procedure of the taking of the oath by the judge before the President, Venice Commission confirmed that the oath of the Constitutional Court Judge is taken only before the President of the Republic and is a precondition not only for the beginning of the office but also for the confirmation of the legitimacy of the judge’s mandate, said President Meta. /argumentum.al