Hasani: Government ignores Constitution, violations of the Law on Property Tax

Hasani: Government ignores Constitution, violations of the Law on Property Tax

International law professor Enver Hasani has said there are constitutional violations in the Law for Property Taxation. He has stressed that through it there may be interference in municipal competencies. There are violations of the Constitution at first glance because local power is not on the vertical line... Yes (there may be interference) because [...]

There are violations of the Constitution at first glance because local power is not on the vertical line... Yes (there may be interference), for even when they may have delegated powers, there is a rule that oversees legitimacy, but central power does not oversee their constitutionality. This case, pardoning the debt and imposing a financial burden on municipalities, that when deciding on law that affects municipalities should have consultations and debate with them, this is the fundamental rule of a democratic society”, he has said.

Hasani has added that the government's lack of consultations with municipalities could be used as an argument that the law constitutes violations.

“Material violations that are beyond any clear suspicion are the intervention in revenues, the reduction in revenues. When these laws are made, we must always keep in mind the aspect of constitutionality”.

According to Hasani, the government is not considering the aspect of constitutionality when it is working on laws.

I don't think so. The laws that have more systemic effects, that this can eventually be aimed at controlling local self-government or breaking planning parameters that they have, and suppose, tomorrow the day after tomorrow, you take these municipalities with the vote that this party... but other issues involving veting, with the prosecutorial council, that's a shame that they're in a hurry because they compromised the noble idea of property”, he declared.

Hasan has stressed that there is a total lack of responsibility for the prosecution body, while claiming it is a group of people working for political elimination.

“Today we have a prosecutorial council and a prosecution body that 80-90% of serious charges are dropped and no one is responsible. No country around Kosovo could have held a prosecutor in charge of falling 70% of the charges of senior or state officials and saying, "No," I think so, and continue. Lack of total responsibility of the prosecution organ. I've gone to court by the same people, there's a group of people there totally irresponsible”. /Koha.net

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