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Politike

DP asks the Supreme Court to clarify the decision of December 27 about the seal, calling for the case to be resolved definitively and not to drag on

DP asks the Supreme Court to clarify the decision of December 27 about the seal,

For the third time since December 27, 2023, the Democratic Party asks the Supreme Court to clarify the decision, where it ordered the Court of Appeal to take a final decision on the seal. Claiming deliberate procrastination on the part of the Supreme Court, the legal representative of PD Indri Sefa said yesterday in a statement to the media that it is time to pave the way for the final solution to the almost 2-year-old question of who owns the logo and seal of democrats. "The DP has made the third official request filed with the high court for clarifying the decision of the 27th, to give this court the opportunity to give a decision on the DP case. It's almost two months and it's beyond the time limit for violating the decision. We want the judicial resolution of DP to be final and fast. We speak formally to the court. On January 27th was the first request. We will make continuous requests until the decision is clarified. This is the obligation of the court. Procedures must be expedited. We want this issue to be resolved as soon as possible, so that the democrats are clear about the governing laws of the DP bodies", said Sefa. The same request was repeated a few days ago, at the end of the Reestablishment protest on February 20, by Gazment Bardhi, who since the time when PD started the stamp war has changed his position, saying that the Democrats are with Sali Berisha. "Who is in doubt about where DP is, who enjoys the symbols of DP? And I take the opportunity to appeal first to the Supreme Court to clarify the decision and not to drag out the case any further, and to the Court of Appeal to give the decision on the seal of the DP", said Bardhi to the media.

What happened?

In the meantime, we recall that the Supreme Court returned the case for the DP seal to the Appeal for retrial. The court forces Apel to, with a new panel of judges, make its own decision as to who the party's stamp belongs to. Thus, the Appeal will have to express itself about Zhukri's decision that recognized Berisha as chairman, who, if overthrown, would ultimately leave the PD to Basha. The Berisha-Basha conflict in the PD started on September 9, 2021, when the former Prime Minister was suspended from the democratic parliamentary group, after being declared 'non grata' by the USA. The two parties held assemblies, Berisha on December 11, 2021 and Basha a week later, on December 18. In March 2022, Tirana Court Judge Agron Zhukri decided that the Assembly of Berisha was legal, a decision that was overturned by Appeal a year later, in March 2023. Now the case returns to where it was 9 months ago, to the fate of the largest opposition party in the country was finally decided.

The Court's argument

The Civil College, composed of three judges Artur Kalaja, Ervin Pupe and Dariel Sina, concluded that the Court of Appeal with decision no. 44, dated 03.03.2023, allowed procedural violations that make the decision given by it vulnerable. The College of the Supreme Court in a press release a short time ago said that it found that the Court of Appeal did not respond to the requests of the parties in the respective appeals, while it mainly considered issues that the parties did not raise as claims in the appeal, and which in any case do not constitute a reason for overturning the decision and sending the case for reconsideration. Also, the claims raised in the submitted appeals could be resolved by the Appeal itself. Under these conditions, she decided to overturn the decision and return the case for reconsideration to the same court, with another panel of judges.

How to read the decision

With this decision of the Supreme Court, the party of Berisha's Reestablishment remained the most dissatisfied, who demanded the non-legitimacy of the appeal of the official PD (then represented by Alibeaj) as not a party to the process, which would lead to the annulment as illegal of to the appeal process, automatically making Zhukri's decision binding. The Democratic Party considered the victory official as it had requested a solution to the underlying issue, even though it says that the final solution should have been made by the Supreme Court. In a reaction after the decision, the Democratic Party said that it does not in any way affect its legitimacy and functioning, while it continues the process of internal reorganization, the preparation of its platform and political program, the identification and proposal of candidates for deputies and the preparation for the next elections. parliamentary. What is known is that with the decision given by the Supreme Court, it creates the conditions for the quick and final resolution of the case, stopping further delays in the doors of the courts. While Reestablishment's recourse was being considered in the Supreme Court, in front of the building, Berisha protested for almost 1 hour with a small group of militants and loyal deputies who support him.

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