A GOOD CONSTITUTION CANNOT BE BUILT BY VIOLATING THE CONSTITUTIONAL LAW
The constitution on the agenda
What does the constitutional law say?
The constitution on the agenda
A GOOD CONSTITUTION CANNOT BE BUILT BY VIOLATING THE CONSTITUTIONAL LAW
What does the constitutional law say?
ARTICLE 10
The People’s Assembly has the following main powers:
2. Approves and amends the Constitution and the laws.
ARTICLE 43
Proposals for amendments to this law may be made by no fewer than 1/5 of the deputies. The amendment is made by the People’s Assembly with a two-thirds majority of the deputies. The approval of amendments or additions to the Republic by referendum by the people.
The jurists speak:
A constituent assembly cannot be appointed
Bashkim Caka, deputy
To speak clearly and make a decision on this issue, we must keep in mind the constitutional law. In Chapter Four, Article 43, where the transitional provisions are set out, the second part states that the constitutional provisions of the law on the fundamental rights and freedoms of man, on the People’s Assembly and its election, on the President of the Republic, on the government, on the courts and officials and the constitutional court, will be included in the future constitution. This means that the above constitutional law as a whole, and in particular the second part of this article, extends its force to the future constitution as well. This imposes on the deputies the obligation that the future constitution be discussed and approved by the People’s Assembly. The Constituent Assembly as a separate body does not have this attribute. Another solution to this issue, outside the path defined by Article 43, could only be the alteration or addition of the transitional provision, but this, according to Article 43, would require not only a two-thirds majority in the People’s Assembly, but also a referendum by the people.
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Çlirim Gjata, jurist, chairman of the Association of Jurists
No constituent assembly can be decreed
I have doubts whether the [compromise?] reached between the two parliamentary groups operating in our parliament is more of a political understanding than an activity in line with the existing constitutional laws. And my doubt stems from the very wording and content of the joint announcement of the [two?] groupings. [..] the idea of creating a Constituent Assembly [as?] a separate body independent of the People’s Assembly does not find support in the constitutional provisions in force that define the powers of the People’s Assembly and the way the new constitution is drafted. [..] The new constitution can be discussed and approved only according to the rules arising from the constitutional law and not through sudden decisions or formulas outside it.
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They cannot hide their furnace with the trees of secrecy
Late afternoon
In last night’s evening a [..) political development [..] at the head [..] [text partly illegible]
(Continues on page 7)
They cannot hide their furnace with the trees of secrecy
[text partly illegible]