Gaber, Darlishta, Starova and Murati: The abolition of the Amnesty Law is completely unfounded


Constitutional Judges Natasha Gaber-Damjanovski, Ismail Darlishta, Gzime Starova and Sali Murati today came out with their own separate opinion on the amendments made to the Amnesty Law, which the Constitutional Court changed on the 16th of this month, which allows the President to pardon people who have been convicted of electoral fraud and crime, pedophilia and drug-trafficking.

In their dissenting opinion, the judges wrote that the abolition of the Law amending and supplementing the Law on Amnesty is wholly unfounded in terms of its assessment and in terms of the Constitution.

According to the Constitutional Judges, the Constitutional Court has directly violates the principle of separation of powers under Article 8, paragraph 1, line 4, extending the powers to the President laid down by the Constitution and laws.

“Given that other constitutional developments under the jurisdiction for amnesty and under the Constitution do not exist, it is understandable that the Constitution leaves everything about the Amnesty to be regulated by the law. So, this position has not been supported by the majority of Judges, as in the legislation the Constitutional has no power to regulate matters relating to internal organization and the work of the President of the Republic, since evidently the Constitution allows it. With this decision the Constitutional Court has directly violated the principle of the separation of powers under Article 8, paragraph 1, line 4, extending the powers to the President as stipulated by the Constitution and law, ” was the dissenting opinion of the four Constitutional Judges.

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