Meta’s “Presidential” declarations, insights from legal experts

Meta’s “Presidential” declarations, insights from legal experts
The latest declarations issued by the former chairman of the Socialist Movement of Integration, President elect, Ilir Meta, has provoked debates. The chairman of the Socialist Party parliamentary group, Gramoz Ruçi has even threatened his removal as President of Republic. In an interview for Albanian Free Press, former MP of the Socialist Party and former Constitutional Court chief justice, Fehmi Abdiu, considers these declarations unlawful and unconstitutional.

“In the legal aspect, although Ilir Meta has been elected, he is not yet President of Republic. These two functions are carried out by the current President, until the day he assumes office. Given that he’s not yet a President of Republic, Ilir Meta is not entitled to speak like one. I repeat it, he is not entitled. He is entitled for this from the moment he takes an oath and assumes offices as President. In such circumstances, any declaration that relates to his functions, is anti-constitutional. For instance, his declarations that in the future he will not decree a government, Prime Minister or ministers if someone messes with the voting process, are anti-constitutional and unlawful declarations”, says Fehmi Abdiu, who adds that the current President of Republic should have reacted on these declarations.

Legal expert Abdiu his latest declaration where he says that if something happens against his supporters or the votes, Meta will rise up and mobilize the people, is even worst.

Another eminent legal expert, former MP and former Justice minister, Nasip Naço, says in an interview for the Albanian Free Press that there is nothing unlawful in Ilir Meta’s declarations.

“His declaration was clear and it was addressed against people who want to threaten the voting process, the elections, the freedom of the people to elect their representatives in the Parliament of Albania. The President of Republic is not only an unbiased figure, but above all, a guarantor of the human freedom and liberties”, says Naço, who adds that it is the right of the President of Republic to use all the powers that the Constitution and law gives him to prevent any attempt to violate the will of the citizens and to threaten their right to elect freely.

Nasip Naço also sees the other declaration concerning the armed mobilization of the people as conditioned by a particular context, where police segments are being used against SMI.

“I don’t think that it was a warning for the armament of the population, it was rather a warning for those segments of State Police who have become one with crime”, Naço says.

The former minister of Justice says that in spite of the threats for the removal of the President elect, this is a procedure that is little likely to take place.

“DP and SP altogether may only have quarter of the number of MPs to propose the removal of the President. They will never have 94 MPs needed to remove the President.” Nasip Naço argues that the President is only removed in case of crimes or serious offenses, while in the case of Ilir Meta, none of these apply. He also underlines the fact that even 94 votes are not enough for the removal of the President. The Constitutional Court has the last say for this.

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