CONSTITUTIONAL BOUNDARIES OF THE PARLIAMENTARY INVESTIGATION POWER

Sokol Berberi
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Sokol Berberi: Ph.D. Candidate, MA in Constitutional Law, Faculty of Law, Tirana University; Member of the Constitutional Court of Albania, ALBANIA.

Curentul Juridic, The Juridical Current, Le Courant Juridique, 2014, vol. 56, 33-42

Abstract: The Parliament’s functional activity is subjected to restrictions set forth in the Constitution. These restrictions, serving the rule of law, may be of a procedural or substantive character. In addition to the typical legislative function, the Constitution attributes to the Parliament a controlling function, which supports the balance between powers (checks and balances), accountability and transparency. To fulfill this function, the Parliament may use various instruments, provided by the Constitution, laws and Parliament’s Regulation. In this context, the parliamentary inquiry instrument has a special importance. This article highlights, in brief, constitutional standards elaborated and analyzed by constitutional jurisprudence, some controversial issues related to the meaning of these standards and the implications arising in regard to the separation and balance of powers’ principle, focusing on Parliament’s relations with the Prosecution and the Judiciary. In a more general overview, the article seeks to assert that the idea of parliamentary sovereignty is no longer in harmony with the Albanian Constitution.

Keywords: Constitution of Albania; Parliament sovereignty; Separation and balance of power; Constitutional review; Parliamentary Investigation power; Accountability (search for similar items in EconPapers)
JEL-codes: K10 (search for similar items in EconPapers)
Date: 2014
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