8 hours agoAlbin Kurti, Albulen Haxhiu, Donika Kadaj, etc. may be prime ministers, but not deputies
Periskopi(5 years ago)
(5 years ago)The Constitutional Court's full bias published today has caused confusion over the constitutionality of competing in elections convicted less than three years ago for violence in the Kosovo Assembly. That includes former Prime Minister Albin Kurti, former Justice Minister Albulen Haxhiu, AAK member Donika Kadaj Buyupi [...]
That includes former Prime Minister Albin Kurti, former Justice Minister Albulen Haxhiu, AAK member Donika Kadaj Buyupi and several other former deputies who had been part of the VAN opposition.
Although the Central Electoral Commission had said that “asever could not be denied the right to compete in the election” without being effectively removed from a judicial ruling based on the Venice Commission's advice, the Constitutional Court rejects it.
“299. The court notes the CEC's clarification that according to the AA Act. -Uzh.r.16/2017, of September 19, 2017 of the Supreme Court, “desters cannot be denied the right to race in the election, if such a right was not taken by judicial ruling, which means, that the candidate should be declared guilty, and the court, to have pronounced the full sentence “of the right to be elected”.”
“300. However, the Court considers that the Law for General Elections does not require that persons convicted of criminal acts be pronounced necessarily as a supplementary punishment “the removal of the right to elect” so they are not allowed to run in parliamentary elections. This is because, according to Article 29.1 of the Law on General Elections, among other things, comes forward these two grounds: (i) lifting the right to be a candidate in the election with the decision of PZAP and the court; and (ii) the inability to be a candidate because of a criminal offence with a final court ruling in the last three years. These are different/separated bases that cause inadequacy/inadequacy to be candidate. The court feels that this interpretation also coincides with the related reading of nines 45, 55 and 71 of the Constitution.” The Constitution says.
It is understood that Albin Kurti cannot compete in the new early elections as an MP candidate, but only as prime minister a political position that does not actually submit to the election process. Candidates for prime minister may also be Albulen Haxhiu, Donika Kadaj, etc.
