18 minutes agoBehramay: The Constitutional Court in case of KO119/14, paragraph 102, says it's speculation about what the inventors wanted to say.
Periskopi(6 years ago)
(6 years ago)President Thaci's political adviser, Adil Behraj, has reacted to the speculation of legal experts in television studios, what the drafters of the Constitution have meant regarding specific articles. In turn, some even had proposals that the Constitutional Court would invite the writers of the Constitution and ask what they wanted [...]
In turn, some of them even had proposals that the Constitutional Court would invite drafters of the Constitution and ask what they meant by specific provisions of the Constitution, before being interpreted by the Constitutional Court.
Thaci's adviser has said that if the téi had read at least the Constitutional Court's acts, they would have known from judicial practices that she doesn't deal with speculations of the kind: what did the inventors think?
Behramaj has said that the Constitutional Court has clarified this even in paragraph 102, in the case of KO119/14, in which it says: “Therefore, the Court (Contentious) cannot reach conclusions concerning the intentions of the Constitution's authors and cannot speculate about what they wanted to say. Moreover, any comparison or any mention of arguments from Kosovo's 2001 Constitutional Framework is hardly relevant. The Constitutional Framework has been in force until 15 June 2008 to fix another situation. On April 9th 2008, the new modern Constitution was adopted and implemented in the independent state of the Republic of Kosovo by June 15th 2008”.
This is the full status of Behramaj:
I enjoy reading to so - called Constitutional experts as they interpret creatively and speculate according to their own interests what the authors of the Constitution have meant.
If the court had at least read the Constitutional Court's judgments, they would have known from judicial practices that it does not deal with speculations of a kind - what have the composers thought? The Constitutional Court has clarified this even in paragraph 102, in the case of KO119/14, in which it says: “Therefore, the Court (Contentious) cannot reach conclusions concerning the intentions of the Constitution's creators and cannot speculate about what they have meant. Moreover, any comparison or any mention of arguments from Kosovo's 2001 Constitutional Framework is hardly relevant. The Constitutional Framework has been in force until 15 June 2008 to fix another situation. On April 9th 2008, the new modern Constitution was adopted and implemented in the independent state of the Republic of Kosovo by June 15th 2008”.
The so-called Constitutional experts would do well at least to read Article 4, paragraph 6 of the Constitution, which stipulates that “Constitutional Court is an independent body of constitutional protection and makes the final interpretation of the Constitution”. If that is not enough, let them look towards the end of the Constitution, namely, paragraph 1 of Article 112 of the Constitution, where it clearly determines that the “Constitutional Court is the final authority in the Republic of Kosovo for the interpretation of the Constitution and the compliance of laws with the Constitution”.
How much with residential proposals to ask designers what they meant, it would just be good for the Constitutional Court to leave it completely independent to carry out its responsibilities rather than try to influence its decision making!
