8 hours agoHasan badly undermines VV argument: 2014 ruling not related to voting issues
Periskopi(a year ago)
(a year ago)The former head of the Constitutional Court, Enver Hasani, has criticised the VV for misinterpreting the Constitutional Court Act in 2014. Hasan, who has written this act of judgment, has said the object of bias in the word has not been the way MPs vote. In his opinion published in Time, Hasan has written that [...]
Hasan, who has written this act of judgment, has said the object of bias in the word has not been the way MPs vote.
In his opinion published in Koha, Hasan has written that the subject of that case has been the assessment of the constitutionality of Isa Mustaf's election to head of the Parliament.
“The object of this act has been to assess the constitutionality of the election of Isa Mustaf for the head of the Assembly, proposed by the opposition of the time, a part of which is in executive power, even as usurpors. Those who are well - known for the jury's trade understand that each act has its own operational and reasoning part, besides other technical parts. Those good craftsmen also know that the reasoning cannot be used except in relation to the operational part, which it refers to. In the Constitutional Court's judgments, in contrast with those of regular courts, the operational part is in the end. The argument of the Constitutional Courts is marked by paragraphs, which can never be used, as is happening in Kosovo, isolated from the operational part and from the very object of the key requirement imposed by bias. This should be known by those who appear on television screens and display paragraphs of the Constitutional Court's judgments and interpret them at will”, he wrote.
He has suggested that the VV should not share the 2014 court's paragraphs.
“From the interpretations of the 2014 Act, now and at the time it was issued, it turns out there are at least ten judgments on the same issue. With that, I want to point out very clearly that no paragraph makes sense separate from the operating part. In the concrete case, the operational part has nothing to do with the way it is voting, with whether a party could issue a candidate for Parliament every 48 hours and so on, but only if Mustafa's election, as the opposition candidate of the time, has been constitutional. That's it. Nothing else”, Hasan has written, adding that the current issues of the current stalemate are completely different and radically different from those in 2014.
