The Venice Commission has weighed in on a parliamentary clash in Albania, urging lawmakers to respect Constitutional Court rulings while safeguarding MPs’ freedom to vote without coercion.
The issue stems from the annulment of two parliamentary votes regarding the mandate of MP Olta Xhaçka, prompting the Speaker of Parliament to seek clarity from the Commission.
Free to decide
The Venice Commission stressed that while the Constitution demands compliance with court decisions, MPs must retain the right to decide their votes independently. “The content of a vote must be freely determined by each MP alone and cannot be dictated,” the Commission ruled.
Conflict of roles
The opinion also delved into “incompatibility”—conflicts arising when an MP holds another public or private position. Typically, those in breach must choose between roles or lose their mandate. The Commission noted that courts, not legislatures, usually have the final say in such matters.
Courts interpret, not legislate
On another question, the Commission confirmed that while Constitutional Courts interpret existing norms, creating new constitutional rules remains the legislature’s job.
What’s next?
The Venice Commission reiterated its commitment to helping Albanian authorities navigate these challenges, calling constitutional respect a “key element of the rule of law.”
