The Presidency's Full Request to Constitutional Over Public Property Decision

In the request of the president's Legal Office, the Constitutional Court is required to interpret two provisions of the Kosovo Constitution.

In the area where the presidency Legal Office requirements are precise, it is said that in accordance with the Constitution, the types of property should be regulated by law, where the real estate arrangement of the Republic of Kosovo would be introduced.

Kosovo's “Republic, does not have the Law for Public Property, which would regulate, in detail the issue of carrying the real estate of the Republic of Kosovo into the use of municipalities”, is said at one point. According to the Presidency interpretation, the Government of the Republic of Kosovo must make decisions in accordance with the Constitution and laws.

The president's Legal Office argument reportedly stipulates that the procedure with effective legislation on returning property from municipalities, withdrawing from the process of privatisation of property, and their return to municipalities, stipulates that the Kosovo Privatisation Agency is the authority to make the decision to approve requirements submitted by local authorities. The presidency has asked the Constitutional Court to clarify cases where there is no procedure or proper procedure respected in force.

“A should cancel all decisions on carrying the real estate of the Republic of Kosovo, on exploitation, on municipalities, on lack of legal basis; and should review all decisions, dealing with the withdrawal of the privatisation process of property and their return to municipalities, and comply with procedures under legislation in force on this matter”, the Presidency Office's application said.

Thaci in the interview, given Friday for Periscope, has been harsh with the government's decision to remove public property from AKP's management and to be placed in municipal competence in the north.

According to him, decision on public property in the north, beginning of Republika Srpska creation

I support Government at work as having understanding on opposition demands. My position is balanced, I won't be favourable either for position or opposition. I see some responsible opposition voices drawing ever closer to the end of this process once and for all. Taking the authority of the AKP from the government, I think it's a very foolish step, relaxed and in legal opposition, for which I have prosecuted at the Constitutional Court. Such a requirement has been made by Serbia in the 2005-2008 years, even in the process of negotiations on political status in Vienna, we have rejected it. It was a request in 2013, we turned it down. This momentum and enthusiasm to carry the social properties owned by municipalities is an approach that should not happen. I've asked for an institutional clarification, for the individual clarifications of the government that disagree with those issues. There is a silence. I want to hope there will be a reflection of those decisions by the Government. If ao decisions remain and start to be implemented, then it is the beginning of Serbia's idea of Republika Srpska in Kosovo in one form or another. I do not comment on the court's decisions, but they are hasty and motivated by Kosovo's pocket-making decisions.

This is the full request of the Presidential Legal Office sent to the Constitutional Court: