Shala: The president has 8 days to promulgate the law on the Specialist Court or return it to the Assembly

The president has 8 days to sign or promulgate the law on the Specialist Court, lawyer Hasan Shala explained. Speaking on Tëvë1’s “Ditari” program, he said a review by the president and her legal office could also lead to the law being returned to the Assembly if irregularities or provisions contrary to the Constitution are identified.

According to Shala, the standard procedure provides for the law to be published in the Official Gazette after it is promulgated. However, if the president and her legal office identify problems, she can send it back to Parliament with comments and suggestions so that lawmakers can correct or resolve them.

The lawyer also raised concerns about difficulties that he believes could arise during the law’s implementation. He said the respective roles of the Office of the Constitutional Court in The Hague and the Constitutional Court could create uncertainty and inconsistencies in constitutional review, given the two sides involved in assessing these laws.

In Shala’s view, the Office of the Constitutional Court in The Hague has neither the right nor the authority to assess the law as a whole, in terms of either its form or its content. He explained that this office can examine only the legality or constitutionality of an individual provision, questioning its authority over the law as a whole.

Regarding the legislative amendments, Shala stressed that they should have been made in coordination with international stakeholders.