18 minutes agoAlbulen Hadziu's psychiatrist lawyer, fine for violating the code of ethics
Periskopi(3 years ago)
(3 years ago)Justice Minister Albulen Haxhiu's lawyer, Nasuf Hasani, has lost his battle with the Kosovo Lawyers' Oda following the fine he received for violating the code of ethics. His indictment has been dropped as illegal, even though Hasani had called for approval of his request to postpone the execution of that decision. In the proposal [...]
Justice Minister Albulen Haxhiu's lawyer, Nasuf Hasani, has lost his battle with the Kosovo Lawyers' Oda following the fine he received for violating the code of ethics. His indictment has been dropped as illegal, even though Hasani had called for approval of his request to postpone the execution of that decision.
In his proposal to postpone this decision until its final verdict in connection with the indictment, Hasan had announced a fact as rare, as odd as the one he used as an argument to convince the court to postpone the execution of the 2 thousand-euro fine.
According to Hasan, the pronunciation of the fine by OAK's disciplinary organs had caused him health problems, of psychiatric nature, for which he was forced to seek treatment in the neuropsychiatre.
So it says in his proposal, addressed to the Constitutional Court in Pristina, where Hasani claims the fine has caused emotional disorder, so he has received therapy assigned by doctors of Neuropsikiatria for months.
According to Hasan, this has resulted from the decision Oda has made, where he claims it has not been taken into account at all that he allegedly acted on purpose of general interest.
But the indictment, along with the proposal filed by Haxhi's lawyer, proved to be missed and dropped as illegal by the Court.
“HU SET down as unfair the indictment and proposal to postpone the execution of decisions, the plaintiff Nasuf Hasani from Pristina..., against the Kosovo Lawyers' Oda Oda with an address on the WR.” Bedi Pejan”, No.31, Pristina, under the sign A.n.r. 1346/22 of the date 21.07.2023”, says the verdict.
The court has also argued why this indictment is illegal.
Pristina's <x0); Pandor Nasuf Hasani, with the date of 21.07.23, has filed indictments and proposal for the postponement of the execution of decisions in this court, with which he has sought cancellation and postponement of the execution of decisions by the Kosovo Court for Anxietion of Lawyers with No. V. KD.nr.18-9/22 of 12,04,23 and decision number V. KA. N.18-0422 on date 02.06.23, due to the fine's pronunciation.
The indictee/opposed Oda of Kosovo Lawyers, through authorised representative, with the response of the 04.08.2023 date, has generally rejected the indictment and the proposal to postpone the execution of court-hit verdicts by proposing that the court refuse the indictment as unfounded or to dismiss it as unfair. To assess the legitimacy of the indictment's presentation, the court referred to the Law on Administrative Conflicts, Article 9, article 15, paragraph 1 and Article 34, paragraph 1 in which it is defined as follows: “The trial in the administrative conflict rules for the republic, decides on the rights, obligations and judicial interests of the physical and judicial persons in administrative cases”, says the argument.
According to the Court, based on Article 15 1. The administrative conflict cannot be carried out: 1.2. Against acts drawn up in the issues about which, according to the rule of law, administrative conflict cannot be developed; Article 34 1. The court rejects the indictment by verdict if it finds 1.5. It is about the issue in which, according to the express provision of the law, can't develop administrative conflict”.
“further, the court referred to the Law by no.04/ L-193 for the lawyer, which stipulates that “Appellate in the competent court against the second degree ruling, respectively, which has been pronounced disciplinary-losing the law on the law for the exercise of a lawyer six) months to five (5) years, the loss of the law on the law of the lawyer's five (5) to ten (10) years or the permanent loss of law for the law for the exercise or atonement from the student registry of six months (6) to three years (3), as a permanent atonement from the intern's registry of interns, the court can open to a court of justice (4)2). In this regard, considering that the plaintiff has been pronounced disciplinary measures of the fine, rather than any of the disciplinary measures assigned to Article 55 of the Law by No.04/ L-193 for the lawyer, the court found the legal conditions for the start of the administrative conflict have not been met and for the crackdown on the administrative act rejected by the indictment”, it is argued.
Otherwise, in the decision issued by OAK, the lawyer Hasani was reportedly sentenced to 2 thousand euros in fine for serious violations of the lawyer's duties and authority. According to the decision, at a meeting being held and broadcast directly to ʹFacebookı on the official page of the OAK, he addressed the head of this institution, Behar Ejupi, telling him that “k rlash, even very much”.
Under the decision, by these actions Hasan has damaged the authority, image and prestige of the lawyer.
Hasan in mid-July has announced through é Facebooké that he is committed by Albulen Haxhiu to indict Besnik Berisha because of his statement that Prime Minister Haxhiu has ordered Prosecutor Maloku to arrest the lawyer.
As the signal writes, in early July, Minister Haxhiu had met the Hasani lawyer with several other colleagues. Hasan was sitting on the nearest couch. A day after this meeting, the same was declared that the Oda of Kosovo Lawyers is “criminal organisation”.
The Kosovo Lawyers' Oda, at the moment, does not distinguish anything from a criminal organisation, so there are these phenomena!”, he wrote in a comment on Facebook.
