Tome Gashi: Legal ban on Kurt's candidacy

Tome Gashi: Legal ban on Kurt's candidacy

The complete publication of the Constitutional Court's ruling, the decision under which Hoti Government's dismissal was confirmed, preceded the parliamentary election declaration. But on yesterday, dilemmas arose if former Prime Minister Albin Kurti and the former Self-Deputees of Vetevendosje have the right to run for elections, due to the conviction for dropping [...]

The complete publication of the Constitutional Court's ruling, the decision under which Hoti Government's dismissal was confirmed, preceded the parliamentary election declaration.

But on yesterday, dilemmas arose if former Prime Minister Albin Kurti and former Self-Deputees of the Vetevendosje Movement have the right to run for elections, due to the sentence for dropping tear gas in the Assembly.

The lawyer, Tome Gashi, in an interview for Online Economics has said Kurt and others are not barred from running the Law of 2018 with which they are tried.

The Constitutional Court has said that if someone in the past three years has been sentenced to prison sentences considered to be effective prison terms and that for more than a year in prison. As for Albin Kurti and other LVV members, a part of whom have received parole judgments from the Constitutional Court in Pristina in 2018 this can't be applied at all because parole judgment or someone who says parole sentences does not produce any legal effects under the law that has been declared the bias of Albin Kurti and others in 2018-181>.

Gashi's situation would change if the new law entered into force for them last year.

The “could certainly be a completely different situation if the current law, which actually represents judicial consequences, is also for conditional judgments, but given that under Article 3 of the Republic of Kosovo Criminal Code, which is more favourable for someone who is accused of it. Then for Albin Kurti and others there are no legal obstacles for them to run to elect Kosovo's deputy in the February 14th elections of this year”.

While for Gashi, Kurt's failure to run would not present any obstacle for the LVV to be the winner of these elections.

He believes the CEC will not come into a situation of misinterpreting the Constitutional Court's judgment.

“If the CEC eventually becomes such a halt with regard to Albin Kurti's interpretation of the Constitutional Court of January 6th of this year, it would surely be a huge injustice, and it could make the CEC that I believe will not come to such a situation, but in the LVVV there are other deputies who are very good at it and we know that LVVV will win these elections but there is no itemary obstacle even if we come to such a situation that Albin is the next prime minister of the Republic of Kosovo (4)1.

Gashi has said that the LVV will go first, as he says because of the 20-year government in the country.

And I think even LV's opponents, even if they all get together, know they're going to lose and there's 1 million reasons they're going to lose I believe that the main reason is the bad governance for the past 20 years, which Kosovo looks like an abnormal place in what it is, because of those who have led it so far, and the other reason is the theft of citizens' vote in the October 6th election of 2019text>, Gashi has concluded.

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