Hasani: Dehari has created chaos and usurped the post illegally, the issue to address the Constitutional

Former Constitutional Court Chairman Enver Hasani has sharply criticised the head of the constitutional session, Avni Dehari.

Hasani said the VV deputy has usurped the post of Speaker of the Parliament and has removed the Convention Constituent Session from the tracks.

He stressed that Dehar's behaviour is contrary to the Constitution, the Parliament's Labour Adjust, and the Constitutional Court Act.

The way the session's direction is going on is completely non-religious and not legal because Mr. Dehari knows there's a protocol I need to apply, which is set up on April 8th by political forces with the old chairman, as defined by regulating the work of the Parliament, the Constitutional Court of 2014 that has been signed on my behalf. He has usurped the microphone and proposed procedure motions to change the way they vote. No motion, no discussion can be held at the constitutional session”, Hasani has said in an interview for Euronews Albania.

The former head of the Constitutional Court has dismissed the argument of MP Dehari and VV officials who are claiming the 2014 Constitutional Court Act speaks of the way the Parliament's president voted.

“Therefore, the way Mr. Dehar is the absolute usurpation of the post of Speaker of the Parliament because he is actually playing the head of the Parliament. There can be no debate, no procedure motions can be made. Above all, the Constitutional Court's conviction speaks of ways of voting. It does not speak of the secret vote in a particular way and does not speak of the Speaker of the Parliament secretly being voted as he is interpreting”, Hasani has declared.

Hasan, who has written the 2014 Constitutional Act, has shown that this document does not say that the chief officer must be found with a secret vote.

When it comes to voting in the assembly, the Constitutional Court has shown what ways of voting are under regulation then and today. So, they didn't say that this is how with the secret vote I should have elected the mayor, because he couldn't say it, because that's the case with the Constitution, by the law and by the regulation of the Parliament. This does not mean the Kosovo Constitutions, the president says. It may say as some European constitutions say are due to a secret vote, but it has not said”, Hasani has indicated, adding that the secret vote has been only intended at the meeting of former Parliament Speaker Glauk Konjufca, with representatives of parties winning seats in the assembly.

It could eventually decide on April 8th when it is the agenda for the constitutional gathering. Then, political forces have been trying to say the vote will be secret, but now it cannot be changed. This is completely chaotic, completely unconstitutional and entirely against parliamentary rule of law”, Hasani has said.

According to him, Dehar is making other mistakes.

“According to the rule, decisions should be drawn for each session, in which it is said that how MPs have voted -- that is, the decision to reject the agenda or the clause it proposed. So. It's totally chaotic and it's out of the context session binary”, he's saying.

Hasan has also dropped the argument of those who are mentioning Germany's case.

I've heard politicians, but even people in my community who look at other countries including you, Albania, who have a secret vote, Germany has practice. But we implement our constitution and laws”, Hasani has said.

In this interview, the former head of the Constitutional Court has shown how it can be expelled from the current situation.

If there is no political will to overcome this stalemate, he has said the solution should be sought in the Constitutional.

According to him, any vote in the Assembly can be sent to the Constitution.

These are thinking that only formal decisions can be sent to the Constitution, but not. The decision is any vote of the “assembly for”, against or abstention. They're all decisions. For all of them, the 8-day deadline is going on. Because that's the decision you vote for. And now here the decision that is voted for is a completely-right MP will not participate in the chaos that Mr. Dehari”, he said.

He has indicated that the issue in the Constitutional could be sent to the president, the ombudsman or some MPs.

Enver Hasani has shown how he can get back to his constitutional session.

According to him, this can only be done if taken in line with the Kosovo Constitution.

The “me turn the matter around in the agenda as required by the Constitutional Court, the Constitutional Court Act. And that agenda is scheduled for April 8th. He set up a candidate, so Mrs. Hagi, if he doesn't get elected at times, get the decisions together and address the matter in the Constitutional Court if there is no political will. Here two roads are either political will or Constitutional Court. I can't choose anyone else”, he said. /Periscope/