Experts: Constitutional Constitutional mandate to set deadlines for forming government

Experts: Constitutional Constitutional mandate to set deadlines for forming government

The possibility that the Constitutional Court, through a conviction, will set deadlines for forming the government, is seen as violating the Constitutional Court and outside its competencies. Experts in the constitution say the Constitutional Court cannot create new standards, as they entered into the competency of the Kosovo Assembly. University professor, one of the founders of [...]

The possibility that the Constitutional Court, through a conviction, will set deadlines for forming the government, is seen as violating the Constitutional Court and outside its competencies.

Experts in the constitution say the Constitutional Court cannot create new standards, as they entered into the competency of the Kosovo Assembly.

University professor, one of the Constitution's founders, Riza Smaka, says the Constitutional Court has exclusive authorisation to make the interpretation of the constitutional provisions contrary and not exceed its competencies.

The Constitutional Court exclusively has authorisation to make the interpretation of the contrary constitutional provisions, nothing else, no. Under two there is no authorisation to create the rate, to set deadlines, it is exclusive to the legislature... The court would not have to be let down to that sphere because it would slide, exceed the powers. Exercise the powers of the legislature. It would violate the constitution, and that serious violation of constitution”, he says of Kosova Preress.

Similar ideas that the Constitutional Court cannot set deadlines include the connoisseur of constitutional circumstances, Mazum Baraliu, who says that if such a decision is made, it could be disutal.

The trial would not have to create practices like it happened before to rewrite the Constitution. The constitution is written only by the constitution, which compiles and approves and is the Assembly of Kosovo. The Constitutional Court is the very Guardian of the Constitution, its defence and its interpreter. That's what he should do now and I hope. A little bit more going on, I think there might be problems then and its decision could be discutatic to the” parties, he says.

The signing of the constitution, Riza Smaka for Kosova Preress, among other things, says the Constitutional Court had to carry out this subject within a week.

The Constitutional Court had to do this within the week. This is a simple law case, any lawyer who might even be an ordiner, who doesn't pretend to be any scientist and expert on this legal issue would have solved correctly and without a dilemma within a week, but within half an hour. He reads it carefully, carefully analyzes it, takes two or three constitutions from parliamentary states, draws a comparison, and comes up with a conclusion of”, he says.

Last month, Kosovo President Hashim Thaci has decreed for prime minister Avdullah Hotin of the LDK. This decree has been contested by the winning election party, the Vetevendosje Movement in the Constitutional Court. The latter is expected Friday 29 May to decide on the constitutionality of Thaci's decree.

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