The Democratic Party Parliamentary Group addressed the Constitutional Court today with a request to obtain an advisory opinion from the European Court of Human Rights on the implementation of the rights and freedoms provided for by the European Convention on Human Rights in the Protocol between the Government of the Republic Italian and the Council of Ministers of the Republic of Albania, “For Strengthening Cooperation in the Field of Migration”.

Albania, as a member state of the Council of Europe and a ratifier of the Convention for the Protection of Human Rights and Fundamental Freedoms, has the obligation to ensure everyone within its territory the rights and freedoms defined by the Convention.

“In this sense, it is very important that during the review of the constitutionality of the Protocol, the Court analyzes and concludes on the alleged violations of the European Convention on Human Rights, which at the same time constitute a violation of the Constitution.” – the letter states signed by the Chairman of the DP Group, Gazment Bardhi.

In arguing the request, the DP Parliamentary Group notes that considering the claims of the petitioners regarding the violation of the freedoms and rights guaranteed by the Convention, the reactions of local and international organizations, especially the position of the Commissioner of the Council of Europe for Human Rights, the very specific nature of this agreement, its wide national and international impact, the lack of previous precedents from the Constitutional Court, the limited jurisprudence of the European Court of Human Rights in this regard, as well as the latter’s exclusive jurisdiction to interpret the Convention and its Protocols, as well as the interest of the Albanian state, which, in the eventuality of ratification, may face appeals to the ECtHR for violation of the Convention, in support of Article 1, of Protocol no. 16, of the European Convention on Human Rights, Article 44/b, of Law no. 8577/2000 “On the Organization and Functioning of the Constitutional Court”, and Article 35 of the Regulation on Judicial Procedures of the Constitutional Court, we request the receipt of an advisory opinion from the European Court of Human Rights on the implementation of the rights and freedoms provided for by the European Convention on Human Rights in the Protocol between the Government of the Italian Republic and the Council of Ministers of the Republic of Albania, “For Strengthening Cooperation in the Field of Migration”.