2 minutes agoEnver Hasani: Haradinaj has no right to address Constitutional Court
Periskopi(7 years ago)
(7 years ago)The prime minister's resignation, Ramush Haradinaj, at the government meeting today that was held with the presence of media, has said he will address the Constitutional Court about whether he can continue in his prime minister's role even after he has resigned irrevocable, Periscope reports. But, that is a [...]
But, if there is a right to an institution in its resignation addressed to the Constitutional Court, Periscope has called for clarification of Constitutional connoisseur Enver Hasani to clarify Article 113 of the Kosovo Constitution.
Hasan, referring to Article 113 of the Kosovo Constitution, has said that Kosovo Prime Minister “has no right to address the Constitutional Court in any case and on no case”.
Besides the above, neither the Government nor the President have the right to address the Constitutional Court outside cases by Article 113 points 2 &3 of the Constitution. So nobody in Kosovo can address the Constitutional Court with so-called constitutional questions”, Enver Hasani for Periscope explained.
Below, find Article 113, under which he gave an explanation to Enver Hasani:
Article 113 [Jurisdiction and Authorized Pales]
- Constitutional Court rules only for cases filed before court legally by
The authorized side.
- Kosovo Assembly, President of the Republic of Kosovo Government and Ombudsman Are
authorized to raise the following cases:
(1) the issue of law compliance, presidential and prime minister decrees
And of the rules of the government, and of the Constitution;
(2) Consistent with the Constitution.
- Kosovo Assembly, President of the Republic of Kosovo, Government Authorised
Raise the following issues:
(1) Conflict between the constitutional competencies of the Kosovo Parliament, president of
Republic of Kosovo and Government of Kosovo;
(2) The compatibility of the proposed referendum with the Constitution;
(3) Consistent with Extensive Status and Actions
During my extraordinary situation with the Constitution,
(4) Consistent of a proposed constitutional amendment to agreements
International mandatory, ratified under this Constitution and revision of
Constitution of followed procedure;
(5) if the Constitution is violated during the election of the Assembly.
- The community is authorized to contest constitutionality of laws or acts
Governments that violate municipal responsibilities or reduce municipal revenues in case
that the relevant municipality is affected by that law or act.
No.
- Ten (10) or more Kosovo Assembly deputies within an eight-day deadline ( (8)
from the day of adoption, they have the right to contest the constitutionality of any law or law.
The decision approved by the Parliament, both for content and procedure followed.
- Thirty-30th or more Kosovo Assembly deputies authorised to establish
The question of whether the president of the Republic of Kosovo has committed serious violations of the Constitution.
- Individuals are authorised to set up violations by public rights and freedoms authorities
their individual, guaranteed by the Constitution, but only after they have all run out.
law enforcement.
- Courts have the right to refer to Constitutional Court cases in terms of
Constitutional compliance of a law, if that compliance has been established over
Judicial and reference court is not sure of compliance with law
Conflicting with the Constitution and if the court ruling on the case depends
from the compliance of the law in question.
- Kosovo Parliament Speaker Must Referr to Proposed Constitutional Amendments
Before approval in the Parliament, in order to establish whether the proposed amendment to
reduces the rights and freedoms guaranteed with chapter 2 of the Constitution.
- Additional jurisdiction can be regulated by law.
