FLASH
Shkruar nga Pamfleti
The DP used Law 138/2015 to ban Ervin Salianji from running; but this law has nothing to do with party elections, but with state functions. If it were applied with the same logic, Sali Berisha (with a security measure of “Compulsory appearance” and 3 criminal convictions for defamation) would be banned from running for party leader. The DP statute prohibits his re-candidate, but he continues. So, the law that Berisha used to “eat” Salianji is eating his legs.
Using a fabricated structure called the “Commission for the Organization and Control of Electoral Operations” led by Albana Vokshi, the ruler Sali Berisha staged the ban on Ervin Salianj’s candidacy for the presidency of the Democratic Party. In order not to accept him in the race, the Democratic Party’s leadership used Law 138/2015 “On guaranteeing the integrity of persons elected, appointed or exercising public functions” as a blocking criterion.
In fact, this law that they used to prevent Ervin Salianj from running has nothing to do with the appointment or election of political party leaders, but with those people who seek to be elected and appointed to state positions. Although there are many "professors" of jurisprudence in the DP leadership, we are quoting Law 138/2015, which they deliberately used to prevent Ervin Salianj from running:
Article 1, point 1: The purpose of this law is to guarantee public confidence in the functioning of elected state bodies, independent institutions and those established by law, of public administration, by preventing the election or appointment to them, or the removal from public office of persons who have been convicted or against whom security measures have been taken or who have been sentenced with a non-final decision for committing crimes, according to this law.
Point 2: The purpose of this law is to protect and guarantee the democratic functioning of the Assembly, local government bodies, constitutional or legally established institutions, public administration, the Armed Forces, law enforcement bodies, national security and any other state economic institution or entity, from the influence or participation in policy-making and/or decision-making of persons who have been convicted or against whom security measures have been taken or who have been sentenced with a non-final decision for committing crimes, according to this law.
So, it only concerns MPs, ministers, mayors, and appointed and elected officials in the army, police, justice, diplomacy, SHISH, and constitutional institutions. It has nothing to do with elections within a political party.
The law used by the DP against Salijanj prohibits Sali Berisha from running for office.
Even if Law 138/2015 were to prohibit the election of political party leaders who have been convicted of a criminal offense (which it does not), this law does not include Articles 25 and 325, under which Ervin Salianji was convicted. However, if the DP leadership were to implement this law, it should prohibit the candidacy of Sali Berisha, because points 1 and 2 of Article 1 state that the candidacy, appointment and election of persons who have been convicted or against whom security measures have been taken are prohibited. The leader of the DP, Sali Berisha, is under a security measure of “Compulsory appearance” and has been convicted 3 times for defamation by final criminal court decisions.
But Sali Berisha's re-nomination for chairman is also prohibited by Article 46 of the DP "Law", which states: "If, after the announcement of the results of the general parliamentary elections, the Party does not emerge as the winning governing force, the chairman's mandate ends immediately and he is not allowed to run for re-nomination in the subsequent elections for party chairman."
So, we have a double contradiction: the DP uses a state law that has nothing to do with party elections to ban Salinj, but openly violates that law by allowing Berisha to run. And at the same time, it also violates its statute, which prohibits Berisha from running again. The question is simple: Are they defending the law, or are they using the law as a mask to maintain power within the DP? / Pamphlet
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