Justice Reform; President Nishani finds a contradiction in the Constitution

04/08/2016 00:00

The President of the Republic plays an important role in implementing the Justice Reform as the new Constitution gives him the right to select by draw the members of the Board of Nominations. He has a 5 day deadline to choose the officials that will then select the candidacies for the Constitutional Court and the High Inspectorate of Justice. But in the same article, the President Bujar Nishani has found a contradiction.

“Article 149/d states in section 3 that the Board of Nominations consists of 9 members to be chosen by a draw from the President within 5 days from the law coming into force, while section 5 designates that other criteria to evaluate the qualification degree of the candidates is determined by law. Therefore the President is commanded by the Constitution to choose, and the same Constitution requires the candidates criteria to be determined by a law that does not yet exists”, Nishani said.

He has informed Parliament for the situation and expressed his willingness to solve the issue in the best way possible. The new Constitution comes into force on August 11 and the President has time until August 16 to stage the dray. If the deadline is violated the President said the right to choose the members of the Board of Nominations passes to the Head of Parliament who in turn has ten days to stage the draw.

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