Cakolli: Passing the law on the Specialist Chambers before October 6 is very difficult

Following the opinion the government issued last night, the Assembly can proceed with its review of the bill amending the Law on the Specialist Chambers, according to KDI researcher Eugen Cakolli.

He said completing the process by October 6, a date also linked to the deadline concerning the president, would be very difficult if the deadlines set out in the Assembly’s rules of procedure are observed.

Cakolli explained that the government had up to 30 days from receiving the bill to give its opinion. The fact that the opinion was submitted only last night has left less time to review and pass it.

The standard procedure for passing a law takes several weeks, he stressed, although the Assembly can use mechanisms to speed up the steps and shorten procedural deadlines.

Because lawmakers received the complete bill materials today, October 3, the Committee on Legislation could review it in principle as early as today, if the speaker of the Assembly designates it as the responsible committee. According to Cakolli, the first reading in a plenary session could take place no earlier than Monday, October 5.

He wrote that, after approval in principle, the bill returns to the committee for review of its provisions and any proposed amendments, and must also be reviewed by the standing committees. If the minimum 72-hour period for this stage is observed, the second reading and final passage could take place no earlier than October 8.

Cakolli emphasized that speeding up procedures does not eliminate the minimum deadlines and that every step must comply with the Constitution. At least 48 hours must pass between the distribution of materials and the first reading, and at least 72 hours between approval in principle and the second reading.

He recalled that the Constitutional Court has overturned decisions to bypass procedures and pass laws in cases where shortened deadlines had prevented lawmakers and committees from conducting a substantive review.

After passage, the law is sent to the president for promulgation no earlier than eight days after it is passed. The president then has up to eight days to promulgate or return it, Cakolli added.

According to him, even if the law is passed within a shorter timeframe than the Assembly’s rules of procedure allow, it retains a presumption of constitutionality until the Constitutional Court rules otherwise.