6 hours agoPrompt Hasani: Constitutional Decision Elections Risk Constitutional Order
Periskopi(a year ago)
(a year ago)Going to new elections under the Constitutional Court's order as a consequence of the impasse would seriously compromise this institution, says former Constitutional Court Chairman Enver Hasani. He, in an interview for Kosova Prees, says that without the constitutionalisation of the Parliament, there can be no extraordinary elections, as long as the 30-day [...] deadline is over.
He, in an interview for Kosova Prees, says that without the constitution constitutionalised there can be no extraordinary elections, as long as the Constitutional Court's 30-day term is exceeded, where he has obliged MPs to undergo the ninth legislature by 26 July.
On the last day of that deadline, Kosovo Assembly deputies failed today to elect the legislature's troops even in the 53rd bid, until they are expected to gather once again Saturday at 22:00.
The Constitutional Court on July 24th has issued temporary measures for the constitutional session, where it prevents MPs from making decisions from July 27th to August 8th.
In contrast, Hasani says that the Constitution, in the final act after overstepping the provisional measure on August 8th, will find that until the change of the agenda by the head of the session, Avni Dehari, everything has been in accordance with the Constitution, but by 1st, when the secret vote for the head parliament has been proposed, has begun the unconstitutional situation, which now needs to be addressed by the Constitution.
According to him, the Court should explain only one question ʹ how many times the same candidate can be proposed within the 30-day term, counting from the day he launched unconstitutional because of Avni Dehar's action.
According to him, even if it was accepted, for the sake of the theoretical discussion, that the Assembly is formally constitutionally binding, the Constitutional Court would not be able and should not issue an order to distribute the Assembly or election organisation.
He emphasises that the decree for going to elections, in case of crisis, can only occur as constitutional sanctions through the process of decestifying the people's first elected.
Commenting on the Constitutional Act, after overstepping the provisional move on August 8th, Hasan says the Constitutional Court has to ascertain that until the turn of the agenda by leader Avni Dehari, everything has been in accordance with the Constitution, but according to him after that day has launched an unconstitutional situation, which must now be addressed by the Court itself.
There is no other way the Court can justify this situation. If it does, it compromises”, he said.
