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Constitutional Court goes back to opinion of US judge Robert Carolan on candidate for prime minister! (Gazeta Blic)

By   /  25/07/2014  /  No Comments

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One of the judges of the Constitutional Court of Kosovo did not agree with the decision of his colleagues for the President to nominate the candidate for the prime minister. Unlike the majority of judges, US judge Robert Carolan said he believed the decision was wrong and his opinion was published separately on the website of the Constitutional Court and later in the Official Gazette. Carolan argued that articles 84.14 and 95.1, which the President had doubts about, were in accordance with each other. Carolan also said that the law on elections should not be confused with the Constitution because the law on elections regulates elections and who can participate in elections and not the election of the prime minister, and that the Constitution determines the coalition. Carolan wrote that the coalition is “a group of people, groups or places that have joined around the same purpose”; therefore, it does not necessarily have to be a pre-election coalition. He also said that the Constitution, same as the Constitutional Framework of UNMIK, does not require for the coalition to be registered or to exist before elections. “In the previous four parliamentary elections, no political party won the majority in the Assembly and every time a coalition created after the elections nominated the candidate for prime minister,” Carolan wrote. He also specified that the Constitution notes that the majority of MPs need to vote for the prime minister and if he is not elected in two rounds of voting, the country needs to go to parliamentary elections. Carolan has been appointed case rapporteur in the PDK vs Assembly Speaker case. Sources in the Constitutional Court told Gazeta Blic that during the first debate on the case, the US judge referred to his first opinion and asked for a debate and decision that would automatically help the country emerge from the crisis.

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