15 minutes agoWhy the Constitution rendered Osman's decree without law and did not declare it unconstitutional
Periskopi(3 months ago)
(3 months ago)Volnet Bugakku from the Kosovo Democratic Institute has written about yesterday's Constitutional Act of Justice and the appointment of President Vjosa Osmani's decree as a ruling that does not produce a legal effect. According to him, such qualification requires a more careful reading than simply being named “unconstitutional” “In the first view, it can [...]
According to him, such qualification requires a more careful reading than simply being named “unconstitutional”
“at first glance, it may look like a termological avoidance, but we actually have a deliberate legal choice that is directly linked to the concept of absolute worthlessness of the act.
In the doctrine of administrative and constitutional law, absolute worthlessness is characterized by an essential element: the act does not produce a legal effect since its extraction. It is considered legally ineffective since the initialization and is treated as if it had never entered the 34x0> judicial order, he writes.
According to him, such a conclusion shows that the Court has in practice materialized the effect of the absolute worthlessness of Osman's decree.
“Formulation “does not produce a judicial effect” represents a functional rule of temptation because the act does not enter judicial order, does not produce consequences and does not need to be “, because it has never acted/acted” legally, Bugakku wrote.
According to him, if it was considered the same decree as unconstitutional, then it would be implied that it existed and produced legal consequences that were subsequently overturned by the Court.
In a situation like the distribution of the Parliament, this would open a serious dilemma: was the Convention spread over a period of time? Just to avoid such judicial uncertainty, the Court has chosen a formulation that neutralises the act from the source. In this way, the decision not only praised the constitutional and legal effect of the decree but also guaranteed institutional stability”, he points out.
Bulaqku says that by establishing the act outside the judicial order from the start, the Court assured that there will be no interruption of the Parliament's mandate and no constitutional vacuum.
This is especially important in a system where balance between powers is essential. In this sense, the court's approach was stronger than a common conclusion of unconstitutional because it was treated not only in terms of its conflict with the Constitution, but with the very legal existence of the act”, Bugaq concluded.
