Monday, October 16, 2023
This paper presents a detailed analysis of the criminal process against the elected mayor of Himarė Municipality, Mr. Dionisios Alfred Beleri and the national legislation and European jurisprudence regulating his oath under conditions of deprivation of liberty. Taking into consideration the circumstances of "Beleri case", it is necessary for the Albanian authorities to balance in a fair way, the public interest in placing before the responsibility of the violators of the law in order to justice to be established in the country, with the political right of the private person, in the specific case of Mr. Beleri. This balance should be such that, on the one hand, it does not prevent the justice bodies from performing their constitutional duties, but also that it infringes, as little as possible and within the shortest possible time, the rights politics of a chosen one.
Given that the legislation in force in the present case is quite complex and interventions in it, in the case of the Code of Criminal Procedure and the organic law that regulates local self-government, would require a qualified majority of 3/5 of all members of the Assembly, the authors of this paper, considering the very nature and purpose of why these legislative interventions should be made, consider it necessary to include these changes in the legal package that is intended to be approved by the ad-hoc Parliamentary Commission for the Implementation of the Electoral Reform.
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