Haradinaj has had the right to address the Constitution, it's a waste of time

Former head of the Constitutional Court, Enver Hasani, said the prime minister, whether he is in full office or later when resigning, has no right to address the Constitutional Court. According to him, Haradinaj's move to send himself to the Constitution is not only a waste of time, but legitimises procrastinating the process of forming [...]
According to him, Haradinaj's move to send himself to the Constitution is not only a waste of time, but it legitimises procrastinating the process of forming a new Government or the distribution of the Kosovo Assembly.
University professor said Haradinaj is not well-advised. Citing the case of former Rahovec leader Qazim Qeska, who went to Constitution, Hasani said the same decision applies to Haradinaj.
He, in one conversation, said the Constitutional Court's decisions have a general effect, especially those dealing with the functioning of public institutions.
There are two aspects here that have confused those who have unfortunately advised former Prime Minister Haradinaj, the first aspect is the judicial nature that we say of the act of resignation, as far as judicial nature is concerned, and the consequences that the act of resignation produces we have clarified in a case of a former mayor of the municipality -- the case -- the case, as we have said of all public officials -- because the decisions of the Constitutional Court have a general effect, especially those dealing with public institutions in the way that public institutions are functioning. By legal nature, the act of resignation and the successful act of voting the government's no-confidence vote are the same as there are two contracts, contracts for sale, and contracts for legal gift by law are the same as contracts that produce certain rights and obligations, but for legal consequences they are completely different because the sale is paid, whereas gifts are not paid and no tax is paid and so forth. It means here from legal consequences these are different the act of resignation and the motion of the government's successful vote of confidence”, he said.
Professor Enver Hasani stated that when a government resigns, it is down and therefore cannot exercise any constitutional competence.
The government falls when it is said to mean our constitution and the constitution of most democratic states means that that government cannot exercise any constitutional authority of the executive where it can exercise separate laws... Things that can be performed can be work that is insignificant. Again I repeat the executive competencies or constitutional competencies could not carry out. He can eventually expect the new prime minister's arrival for insignificant formal acceptance and surrender... the problem is whether he can make the government's constitutional decisions under the Kosovo constitution, he cannot even take it. And that's extremely clear. Because the government has fallen”, he said.
The former head of the Constitutional Court said Haradinaj's move is not only a waste of time, but is legitimising the procrastinating process of forming a new government or distributing the Assembly.
The prime minister even if he was before his resignation would say the prime minister has no right to address the Constitutional Court that is clear as tears there is no philosophy. The reasons and motives they become are self-convinced political... she actually sees as, the Haradinaj request is not just a waste of time but it legitimises and legitimises the procrastination process of forming the Government, according to the constitution of the other government, respectively. Because people are all lawyers and they see it as let's wait for what the court is saying. It is legitimately legitimising the constitutional violation of the president, which for example today has no legal consequences but can produce legal consequences to undermine institutional stability, which is the key point of the president's constitutional responsibility, he is the principal responsibility of institutions and has the responsibility of”, he said.












