Cakolli: The Special Law can be reviewed in the Assembly after the Government’s opinion, but October 6 makes it difficult to finalize

With the Government giving its opinion on the Draft Law on the amendment and completion of the Law on Specialized Chambers, the Assembly can now continue the procedure of its examination. However, according to Eugen Cakolli from KDI, the remaining time until October 6 makes it very difficult to conclude the procedure before this deadline.
Cakolli listed the deadlines and procedures that, according to him, should be followed by the Assembly. He says that, after the full materials of the draft law have been distributed to the deputies on October 3, the Legislation Committee can consider it in principle, and then the draft law must go to the plenary session. For accelerated examination, a request of at least 30 MPs or the Government is required, while the deviation from the procedural deadlines can be proposed by at least six MPs and must be approved by two-thirds of the MPs present.
According to Cakolli, even in an accelerated procedure, minimum deadlines must be respected: at least 48 hours from the distribution of materials to the first review and 72 hours from the approval in principle to the second review. In this scenario, the first review in the session could be done on October 5 at the earliest, while the second review and final approval no earlier than October 8.
Cakolli also recalls that, after approval, the law must be sent to the President for promulgation and that entry into force requires the fulfillment of other legal deadlines. He points out that even if shorter terms are adopted, the law enjoys the presumption of constitutionality until the Constitutional Court decides otherwise.
According to him, at least 10 deputies can contest the law in the Constitutional Court within eight days of its approval, both for the content and the procedure followed. In such a case, the promulgation of the law awaits the final decision of the Constitutional Court.















