Cakolli: Time until 6 October makes approval of the Specialist Chambers law very difficult

After the Government’s positive opinion on the draft law amending the Law on Specialist Chambers, the procedure for its review can continue in the Assembly.

However, according to Eugen Cakolli of the Democratic Institute of Kosovo, the time remaining until 6 October, when the deadline on the issue of electing the President expires, makes it very difficult to complete the procedures for this draft law.

Cakolli stresses that the Government had a deadline of up to 30 days from receiving the draft law to give its opinion, while the submission of the opinion only last night has significantly narrowed the time available for review and approval.

According to him, the usual legislative procedure takes several weeks, but the Assembly has mechanisms at its disposal to speed up procedures and shorten deadlines.

“Since the full materials of the draft law are being distributed to MPs today, 3 October”, Cakolli presented a series of steps which, he says, must be followed for the review of the draft law.

He stressed that the Committee on Legislation, once tasked by the Speaker of the Assembly, can review the draft law in principle as early as today, after which the Assembly can be convened in a regular or extraordinary session.

For the accelerated procedure, Cakolli explained that a request is needed from at least 30 MPs or from the Government, while deviation from procedural deadlines can be proposed by at least six MPs and must be approved by two-thirds of the MPs present.

However, he said, even accelerated procedures have minimum deadlines that must be respected.

“At least 48 hours must pass from the distribution of materials to the first reading, and then at least 72 hours from approval in principle to the second reading. So, at least five days in total”, Cakolli wrote.

He announced that if the materials have been distributed and the Committee on Legislation approves the draft law, the first reading in session could be held on Monday, 5 October, at the earliest.

Meanwhile, after approval in principle, the draft law must return to committee for review of provisions and any amendments. Respecting the minimum of 72 hours, the second reading and final approval, according to Cakolli, could take place on 8 October at the earliest.

Cakolli also recalled the procedures after the law’s approval, including sending it to the President for promulgation, the deadlines for decree and the possibility of challenging the law at the Constitutional Court.

According to him, at least 10 MPs can challenge the law within eight days of approval, both as to its content and as to the procedure followed. In the event of a challenge, promulgation of the law awaits the final decision of the Constitutional Court.

Cakolli warned that even if the law is approved with shorter deadlines than those provided by the Assembly’s Rules of Procedure, it enjoys the presumption of constitutionality until a contrary decision by the Constitutional Court.