VIDEO | Interview with Gaber Damjanovska: The Constitutional Court closed the issue of Ivanov's abolitions
Unfortunately for Article 11-a, when the Constitutional Court first reviewed its constitutionality, it expressed doubts about its constitutionality and initiated a procedure. Yesterday, after a long delay of the procedure, the Constitutional Court finally stopped it. The suspended procedure does not mean that he has ruled whether something is in accordance with the Constitution, but stops the procedure from the aspect of the doubt about its constitutionality that he raised at the beginning. Stopping means only stopping the procedure. The legal consequences mean that the article itself is no longer a review, but in the decision itself, I suppose it would be said that it was a temporal provision and this time the Constitutional Court "reasoned" and invoked a correct formal element to stop its resignation, said in the morning briefing Natasha Gaber Damjanovska, director of the Academy for Judges and Public Prosecutors.
- Initiation after me would not make sense, but still it is a step that has already been done, but now in some way it has been repaired and the article is no longer in the legal order, says Gaber Damjanovska.
- A year ago, a request was made for an authentic interpretation of Article 11 - what the legislator wanted to say about its legal validity. It has been passed through the Government, it ends in the Legislative-Legal Commission in the Assembly which stops the whole procedure, with the explanation that there is no need to give an authentic interpretation for a member that does not exist in the legal order. And now if you have a statement from the holder of that provision that that article does not exist in the legal order, the Constitutional Court cannot claim the opposite, says Gaber Damjanovska and adds that it would be a big legal confusion and a big problem that would be produced further.
- In essence, Article 11-a was adopted to remedy the consequences of illegally adopted pardons, because all pardons brought by the then President are essentially legally invalid, because they are based on an article that does not exist in the legal order, Gaber Damjanovska thinks.
