9 minutes agoHasani: Osmani hand over the mandate if Constitution brings down two MPs
Periskopi(3 years ago)
(3 years ago)Former head of the Constitutional Court, Enver Hasani, has spoken about the effect it would have on President Vjosa Osmani's mandate if the Constitutional Court decides in favour of former President Veton Berisha's request for declaring the mandates of two “deputies Romania Initiative” as invalid. Hasani said Osman must hand over the mandate [...]
Hasani said Osmani should hand over the mandate in case the Constitutional Court nullifies the mandates of the two deputies, who have attended the 2021 session for the president's vote.
The legal effect is this; if it comes to cancellation, if there are in the first and second round there... besides the Constitution there are two Constitutional Court decrees in the Pacolli and Thaci case, which require that in the first and second round, 80 votes, only in the third time have changed the standard for 60 votes. This has built a standard, if, in the first case, there were not 80 deputies in the hall, it was passed into the second phase, if it wasn't even in the second phase, it couldn't go to the third phase”.
“If the constitutional right is found to have been violated, as a consequence two mandates are invalid or not constitutional, that is not discussed, namely (the president) should hand over the mandate and return to zero point, there can be no other interpretation”, Hasani said in Rubik's Kosovo municipality.
Asked whether there are deadlines for contesting the legality of the country's presidential election, Hasani said this issue is not related to deadlines.
After ten years you can challenge it and find a provision that is non-religious and has the same effect as the day the law was elected after ten years. It's not about time, the court determines the legal consequences, it can determine whether or not it has an effect on”, Hasani explained.
The former head of the Constitutional Court added that in such a scenario, the Assembly would have to vote again for president.
The “Two verdicts are: an act of justice and a Constitutional Court decision, only repeat voting in the Assembly, and the conversation” was carried out, Hasani concluded.
