The former president of the Court of Appeal, Hasan Shala, has commented on the Law on the Bureau for Verification and Confiscation of Unjustified Assets, saying that it continues to violate the Constitution, since the changes made address only four articles, while the Constitutional Court had declared void the entire law.
The Democratic Party of Kosovo (PDK) has proceeded to the Constitutional Court against 16 laws approved in the Assembly of Kosovo during the session of December 5, claiming significant procedural and constitutional violations.
Among the laws sent to the Constitutional Court is the Law on the Bureau for Verification and Confiscation of Unjustifiable Assets, which was previously declared unconstitutional by the Constitutional Court.
The former president of the Court of Appeal, Hasan Shala, has criticized the way the Ministry of Justice has handled this law, stressing that even after the changes made, it continues to have constitutional violations.
According to him, the main problem is related to the way the changes were made in the law, stressing that the Constitutional Court had declared the entire law invalid, not only the four articles that were changed.
Also, according to him, there are procedural violations in the way the laws were approved by the majority on December 5, in addition to their content - such as the Law on the Bureau.
"In the beginning, the violations are procedural, in the way the laws were approved. The second is that each law must be evaluated in terms of content. The minister said that when the law on the Bureau was approved, she said that we have changed four articles. When the Constitutional Court returned the law as unconstitutional, the entire law was returned as unconstitutional and not four articles. Therefore, I think that here is the first violation, as it is necessary to issue a new law, not only to change four articles, which they think are against the constitution", said Shala on RTV Dukagjini.
The Minister of Justice, Albulena Haxhiu, in a conference on September 3, announced the four revised articles, which according to her, address the main findings of the Constitutional Court.
She mentioned as the main changes the elimination of the retroactivity of the law, the determination of the time period for the verification of assets, as well as the restructuring of the composition of the Supervisory Commission for the separation of powers.
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