There is no law that prevents the former BIA agent from exercising the mandate of the deputy

A seat in the Assembly of Kosovo for a four-year term will also be given to Branislav Nikolic, who has been reported in the media as a former BIA agent and who until June of this year served as an adviser to the President of Kosovo, Hashim Thaçi. . He was dismissed from this position after suspicions linking him to the Serbian secret service, Koha Ditore writes today.

However, his non-certification in the post of deputy is legally impossible. This is due to a decision of the Supreme Court, which in the 2017 elections considered that the decertification of candidates convicted by a final decision cannot be done if the court, when it convicted the person in question, did not impose a sentence complementary, through which he is prohibited from exercising the position.

The newspaper has not been able to talk about this issue with Nikolić.

Even experts in the field of justice have said that there is no legal possibility for Nikolić to lose the seat he won in Parliament.

The President of the Supreme Court, Enver Peci, told the newspaper that the decertification without a prohibitory decision of the court for exercising a position has no legal basis and is unconstitutional.

"Nothing has changed in the legislation. "No other institution can do that without the court imposing a supplementary punishment, through which it prohibits someone from exercising any position," said Peci.

The senior researcher of the Kosovo Institute for Justice, Ehat Miftaraj, has said that Nikolić cannot be removed as a deputy, as long as there is no court decision against him.

"According to the practice established by the Supreme Court of Kosovo in 2017, such a thing cannot happen", declared Miftaraj.

(You can read the full article in today's issue of Koha Ditore)