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The Constitutional Court overruled the opposition's request/ Ivi Kaso: Dangerous precedent for the rule of law

2023-12-20 18:02:00, Aktualitet CNA

The Constitutional Court overruled the opposition's request/ Ivi Kaso:

The legal representative of the DP, Ivi Kaso, reacted to the decision of the Constitutional Court, which overturned the request of the opposition MPs to suspend the arrest of the former prime minister.

In his reaction, Kaso describes the decision as a dangerous precedent for the rule of law, which confirms Berisha's two strong positions.

According to the legal representative of the DP, after changing its jurisprudence on the unconditional legitimacy of 1/5 of the deputies of the Assembly to verify not only the conflict of competences but also the abstract control of the constitutional norm, it paves the way for the acquisition of any competence of Assembly from the Government.

"With this strange decision, the Constitutional Court has set a dangerous precedent for the rule of law.

After changing its jurisprudence (dozens of decisions) on the unconditional legitimacy of 1/5 of the members of the Assembly to verify not only the conflict of competences but also the abstract control of the constitutional norm, it paves the way for the Government to take over any competence of the Assembly, since it is about the same majority.

Who can verify, by the way, the conflict of competences in terms of the legislative function of the Assembly? What if the Government decides to do this from tomorrow, calling VKM laws?? Should the Assembly with Rama's majority bring the Rama Government's decisions/laws into the Constitution? On the other hand, the Chief Justice today confirmed the 2 strong positions of Sali Berisha:

- Taking the powers of the Assembly from SPAK/GJKKO is unconstitutional - the Chief Justice passed the case from the preliminary verification to consideration at the meeting of judges - that is, the case has constitutional matter!

- The request is not made for my personal case (S. Berishas) - Judge K said today that the problem is with the Assembly that its powers have been taken away!!", writes Kaso./ CNA





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