“Here's what can happen at the constitutional session”

“Here's what can happen at the constitutional session”

On Monday for the fourth time, it has been called to keep up the continuation of the Parliament's binding session, by presiding Ademi Mikulovci. The previous hearings failed after the PAN ruling coalition had not proposed the candidate for the head of the Parliament. Even at Monday's session, this coalition has warned it will not participate in seeking [...]

The previous hearings failed after the PAN ruling coalition had not proposed the candidate for the head of the Parliament. Even at Monday's session, this coalition has warned it will not participate, seeking additional consultations.

Former head of the Central Election Commission (KQZ), Professor Mzalum Baraliu, says the constitutional session can last to an eternity.

According to him, the coalition PAN can propose the same candidate or change him, and the matter is not set for a deadline.

All these confusions have been caused by Baraliu, because the Constitution has shortcomings and does not clearly define the issue.

You don't have the House Constitution to regret. It's one of many cases I'd say that the tragigi-commics are continuing to appear during these years when we've gained independence from when they should have mastered our country in our Republic to decide to create real institutions. Representatives of this political class are witnessing almost consistently that they are not interested in state and citizenship, but rather for their political interests and their benefits”.

“Constitutional right should be used to propose the Speaker of the Parliament under Article 67 the second paragraph of the Constitution in order to prove there or there is no vote. The Constitutional Court's decision of 2014 also allows the majority coalition to take advantage of this right consistently, but it should not be blocked in various forms to hold the constitutional hearing in order to open up the government's mandate routes. Just the article that I mentioned earlier allows the possibility that the parliamentary group in this coalition case The PAN could propose and repeat the proposal to the same and different candidates, up to endless theory. The constitution is not specifically defined to the end of this issue, so it is flawed”, he explained.

But the country's constitution is clear as far as forming the government.

“... within 60 days of the day when I start working the Parliament in this case actually in terms of individual observation, the Parliament is constitutional because MPs have given their oath and their mandate begins to flow then if the government does not say that provision then the president can declare extraordinary” elections, Baraliu said.

Important in unlocking this situation, he is also seeing President Hashim Thaci's intervention. But without guilt I'm not leaving even the prime minister in office, Isa Mustafa. Baralius is not even pleased with the silence of the ombudsman.

All of these mechanisms, according to him, are able to take you to the Constitutional Court for the Commentation of 67, provisions 2 of the Constitution, reports Online Economy.

I wonder how the presidency is silent. The president, on the basis of Article 84, paragraph 2 of the Constitution, is tasked with caring for the constitutional functioning of institutions, and paragraph 9 says he will have to and has the right to make a constitutional legislative prefix at the Constitutional Court to make clarifications regarding Article 67 points 2 and concerning the decision of the Constitutional Court of the year,”, he said.

“Even the prime minister can initiate constitutional issues, since he is also the chairman of a political subject that is deeply interested in having clarification and de-trading of this problematic institutional situation. Forming institutions and functioning them is in the function of this prime minister's duty, and it could make such an initiative. Such an initiative would have to be made by the ombudsman, who would not have to stand at his back”, Baraliu explained.

Citizens can knock at the door of the Constitutional Court. Over 10,000 citizens can launch this issue towards constitutionality.

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