Constitutional Court cancels Hasan Shala's selection at the helm of Appeal

Kosovo's Constitutional Court has declared the Kosovo Judiciary Council's decision to elect Hasan Shala to the head of the Court of Appeals invalid.

The Constitution has found that the Judiciary Council has violated several provisions of the Kosovo Constitution when it has decided that Hasan Shala would vote for the chairman of Appeals. Article 24 has been violated for equality before the law, Article 31 which stipulates the right to fair and impartial judgment, as well as Article 108 for the Kosovo Judiciary Council.

The Constitutional decision was made based on Judge Tonka Berisha's request as one of the candidates to lead with the Court of Appeals,

Thus, Kosovo's Constitutional Court has annulled the KDP's decision and has also obliged it to hold new voting process for candidate selection for the position of Chairman of Appeals.

On October 28, 2016, KJEC had decided to declare the position of free position for the chairman of Appeals.

Regarding this position on December 19, 2016, the KDP Commission interviewed candidates, ranking Tonka Berisha in the first 100-point position. Next was Hasan Shala, with 84 points, and ASahart, 77 points.

As opposed to being most likely, Berisha had not received the votes of members of the Kosovo Judiciary Council to be elected at the helm of Apel. In the voting process held in KDP, Berisha received 2 votes for, 1 against and 6 abstentions.

The second candidate, Hasan Shala, entered the vote, who received 7 votes for, 1 against 1 abstention, being elected as chairman of the Appeals Court.

The Constitutional Court made a similar decision regarding the position of president of the Supreme Court of Kosovo, where the procedure was first restored following Judge Valdete Daka's complaint. /Cashho. com/