Hasani: Hoti Government vote had to be repeated, not new elections

According to him, it has had to be turned to zero point of the whole process and for Hoti Government to be put back in the vote again, Klan Kosova reports.

I think the decision has serious professional defects. I'm always interpreting the verdict, since I believe they don't change it like they did last time. I think even the debate that took place last night in the district of the judicial community is very positive because they deal with the decision and analyze it, they discuss it in professional terms, and it's not like it was ugly in my time when everyone valued personality, in this sense not only this time, but in the last two three decisions there is a healthy, not pathological”, Hasani said.

The other decisions of the Constitutional Court, such as the one for the pandemic, were not peripheral, they were not dominoes, and I think it was criticized and critical, as has been the last decision on pandemic. The last night, too, is similar to him in a professional way because the Court has received and is misappreciated for the constitutional evaluation parameter . While Article 71 speaks of law and restrictions as Article 55 are two organs that have nothing to do with the Constitutional Court and they are the lawmaker, and we tell the principle of the articles' proportional proportional 55 of the constitution say more or less the same in all Eastern constitutions and is part of the European Convention on Human Rights”, Hasani said in Klan Kosova.

“It refers to lawmakers and shows how they can be limited to human rights and freedoms, and then it says when their interpretation is made by the court to look into legal statements to see whether they are proportional and this has nothing to do with Article 71, respectively, with the assessment of the” mandate.

Hasan has said that the fundamental legal gap between the abolition and annulment of a judicial act has been confused.

“Action says so: The vote is cancelled, and the result is automatism in the elections, while the effect of the decision is produced for the future. There has been no need to say, because even the law is clear to the Constitutional Court at the moment it says this law went into effect this day or that day and you don't have to say the future”.

“In Pacolli's case, we've assessed the procedure and if you say the decision is abolished, then you have no right to take the sovereign representative's right because twice it's happening as in Kurti as here, the court is consuming a assembly vote and you can't do it, the Court can only declare a constitutional act and show what the shortcomings of the body to improve are, in this case it had to be returned because you said that the mandate is invalid, any other consequence you've accepted, except one, you can only declare it a reason to be implemented by <oh>

In this case the sovereign's representative had to improve his error because it's a court duty to re-negotiate the case, because when you say there's no warrant, which one man has voted off the road without a warrant, that's what we're taking for granted. The problem is that every decision declared invalid on the part of the Court has two modalities: it says an allument that has the meaning of the reverse effect and the abolition, but you can't have either annulment or abolishment or you have to manage it and reason for”.

Hasan has called it absurd to say that the vote has been cancelled, the decision has been abolished and that the right to vote has been consumed.

The country has remained vacant at the moment you abolished it. It had to be repeated procedure”, he said.