Chocolate: Ousmane's withdrawal of the request does not prevent her treatment, court has the right to continue reviewing

Chocolate: Ousmane's withdrawal of the request does not prevent her treatment, court has the right to continue reviewing

Eugen Cakoli from the Kosovo Democratic Institute(KDI) has said that attracting the application to the Constitutional Court by President Vjosa Osmani does not necessarily prevent its treatment. According to Colcol, the Court has the right to continue the investigation when major public interest is found. “E in a situation where the Assembly is not constitutionalised within the constitutional deadline and the country [...]

According to Colcol, the Court has the right to continue the investigation when major public interest is found.

“E in a situation where the Parliament has not been implemented within the constitutional deadline and the site is in institutional vacuum, the dilemma is that this is one of the most serious cases, requiring clear answers from the only authority that has the mandate to give it”, Cakoli wrote.

According to him, the Court must address this case to the end.

“Mbi all due to importance for constitutional functioning of institutions. But also to protect its institutional integrity and not undermine citizens' confidence in their decision-making as a body because of a judge. Even more, when the current demands of political parties do not clearly address the issue of the judicial consequences of non-compliance of the Parliament within the 30-day term”, it has written.

Regarding the President's rationale for the withdrawal of the course after the rapporteur was appointed judge Radomir Lyban, Calcol has said that the reporting judge does not decide the fate of the request or the content of the decision.

“If the three-judge panel proposes impunity and no other judge opposes it, then the case closes. But as long as another judge disagrees, and the case is in full examination of the Court.

It is decided by majority of votes for each point of voting both for acceptance and for substance. Even if the reporting judge is not in that majority, with the mayor's decision, the final text is drawn up by another judge”, Cacol has clarified. /Periscope/

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