2 minutes agoVV's farm's loose orders. Constitutional in case: Only Article 82 is worth, not that 95.
Periskopi(6 years ago)
(6 years ago)Albania's famous member of the Vetevendosje Movement, Hysamedin Feraj, has made a status on Facebook by giving firm orders to the Constitutional Court, which is considering his party's complaint to President Thaci's decree nominated Avdullah Hotin of the new parliamentary majority for prime minister. Feraj has demanded consideration [...]
Feraj has demanded that only Article 82 is considered the second paragraph in question, which speaks of the government's successful vote of distrust.
This article says the “Assembly could be distributed, with the verb “mund” interpreted by Prime Minister Kurti as a modal verb that allowed no other alternative to President Thaci, writes Periscopi.
He says that if you're tried according to Article 95, and not just Article 82, second paragraph, then the case was never tried for trial”.
Feraj adds that unless this article of the Constitution is tried, then “has no ruling on the case, there is nothing to be respected or anything to be implemented” implying that the party it belongs to will not issue the prime minister's office if required by the Constitutional Court.
Full status:
Simplifying: waiting for random judgment:
Every trial is made in concrete cases, and precisely for what has produced the consequence.
The concrete case has a surname: after successful government distrust vote = 82.2.
The case is not named: The prime minister resigns or for other reasons, unnamed, his position remains at large = 95.5.
Therefore: If judged according to Article 95.5, then the case has not been judged at all for trial 82.2, which, by being expressly appointed, has not been rendered in any sense in “other reasons”. Consequently, if 82.2 is not judged, then there is no verdict in the case, there is nothing to be respected, not even what to implement, simply because the Court has not yet indicated about it.
That's how judicial power works.
So before any process, the court requires and secures for the generals of the parties: name, mother/father's name, last name...
Otherwise, if the case for the trial is Hysamedin Feraj, but the court examines the Hashim Thaci case, Ali Matosi, etc., I remain pending the verdict until the court can express itself in my case, regardless of whether it may already have been expressed on thousands of other cases.
