The professor of international law, Enver Hasani, has said that there is a constitutional violation in the Property Tax Law. He emphasized that through it there may be interference in municipal powers.
"At first glance, there is a violation of the Constitution there because the local government is not in a vertical line... Yes (there can be interference), because even when they can have delegated powers, there is a rule that legality is supervised, but still the central government does not supervise their constitutionality. This case, the forgiveness of debt and the imposition of a financial burden on the municipalities, that when deciding on a law that affects the municipalities must necessarily be consulted and debated with them, this is the basic rule of a democratic society" , he said.
Hasani added that the lack of government consultations with the municipalities can be used as an argument that the law constitutes a violation.
"As a procedural violation without any discussion. The material violation that is beyond any clear doubt is the interference in revenues, the reduction in revenues. When these laws are made, the aspect of constitutionality must always be taken into account."
According to Hasan, the Government is not considering the aspect of constitutionality when working on laws.
"I believe not. The laws that have more systemic effects, that here eventually can be aimed at the control of local self-government or the disruption of the planning parameters that they have, dear, tomorrow or the day after tomorrow, this party will take these municipalities by vote. .. but other issues that have to do with vetting, with the prosecutor's council, it is a shame that they are in a hurry because they have compromised the noble idea of vetting", he declared.
Hasani emphasized that there is a total lack of responsibility of the prosecution body, as he claimed that it is a group of people working for political eliminations.
"Today we have a prosecutor's council and a prosecution body that 80-90% of serious charges are dismissed and no one is held accountable. No country around Kosovo would be able to have a prosecutor remain in office to have 70% of the charges against high officials or the state dismissed, and I said, no, I don't think so, and I continued. Lack of total responsibility of the prosecution body. I went to court by the same people, it's a group of completely irresponsible people there."
Hasani: Isufaj should not be decreed, the evidence shows that he is unworthy to be the chief prosecutor
Hasani has stated that Blerim Isufaj should not be decreed as the chief prosecutor of the State.
He said that the president had all the facts that showed that he is unworthy of taking office.
"Imagine what would have happened if he had been the chief prosecutor of the state. Because the president procedurally wrongly gave herself the right to remove the head of the council, she wants to do so when it is in her best interest. With the chief prosecutor of the state, he had all the facts in front of him and there are those that make him unworthy according to the law, who is today the chief prosecutor of the Special Prosecution for exercising and assuming the office. This is the revenge of this person against the current government for non-decree", he said.
Hasani has repeated that the president should not decree Isufaj.
"The head of state must show whether he decrees or not. I cannot leave it indefinitely, it is a complete violation of the Constitution. He didn't have the right to do it, he has to say yes or no. I think that it is not desirable to decree it because the evidence of behavior makes the one who is in charge of the Special Prosecutor's Office completely unrecognizable, irresponsible, unprofessional".
Meanwhile, Hasani saw the Government's administrative instruction as a mistake to resolve the situation in the north through a petition, which follows with the departure of the mayors from the northern municipalities and the holding of early elections.
"It's still wrong, those who are teaching them, are teaching them wrongly. the administrative instruction is only to start the procedures to replace them, but the decision to replace them must have a question, 'are you to replace me, yes-no'. It cannot be appointed by the executive. If it goes like this, it is a political process, until January it can be questioned or not. I don't see how this can be done according to the international commitment that the Government has taken. That's why it's a mistake, or don't take it," he said.
Hasani has stated that the membership of North Mitrovica in the Association of Municipalities of Kosovo has no value, as it is politically unacceptable.
