Pristina law turns backwards, contains amendments violating constitution

The most problematic articles proposed in the draft law for Pristina were Article 2, which spoke of Kosovo's capital, Pristina and Kosovo's historic capital, Prizren.

Also problematic was the amendment envisioning the establishment of the capital's Police Directorate, whose director directly appoints the mayor.

LDK MP Arben Gashi said proposed amendments are in full opposition to Kosovo Constitution

There's something that you want to do here, an amendment to do something, but how it works. Local self-government is far more complicated than the functional commission has anticipated. So I think they are at odds, these articles, the amendments, most of them, contrary to the law on local self-government and contrary to the Constitution of Kosovo”, Gashi said.

According to Gashi, with this proposal for the capital police, it suggests that there is a new organisational structure of police and decision-makers here is the Parliament as proposors and as the capital's final authority. With that, Gashi said the whole system is being disbalanced, as it is not clear what the capital police are, how defined, how employed there will be, how these people are recruited.

He even pointed out that he gives excuses to other municipalities, especially the problematic ones in the north, to look for such things in the future.

Even Deputy Chairman of the Commission for Legislation Hajdar Beqa said the proposed amendments are against the Constitution, especially the amendment 2 points 4.2.

I personally think that Amendment 2 is contrary to Article 13 of the Kosovo Constitution. It is also contrary to the aim of the bill because this bill regulates the status and functioning of the capital as it enjoys special status under the Kosovo Constitution. Moreover, no provision of the bill is included in any rate that speaks of the historic capital Prizren and as such cannot be included as the norm within the provisions within this draft”, Beqa stressed.

MP Korab Sejdiu called the bill cut short, but according to him, the worst is that even during the amendment to the Assembly has not improved at all.

“Starting with the amendment 2 that has already been mentioned as to whether it is in the Constitution, but it is also absurd that in law the capital of the Republic of Kosovo, Prizren is talking about the capital and now it is talking about another city. The other issue has to do with police connection, and I see it as very problematic here to address and create the police what is being presented here is not now firmly and clearly, although there may be a need for Pristina to follow a special police policy something, but it would be better to appoint the law for the police with the rent there to determine which chain of command as they belong and so on, Sejdiu said.

While Kosovo Social Democrat Initiative deputy Bilall the Sheriff stressed that it is not bad for the capital to have its own police, but these amendments are not legal.

I don't think it's bad to have the capital of the Police itself that there are any different models after all, but whether it's in line with legislation in force, whether it's in harmony with constitutional and legal regulation is not. We can call the commission, it's not a problem, but it's not that they'll be able to say more than with what they wrote with proposals they've given to”, the Sheriff stressed.

The bill for the capital has long been brought through the cabinet's drawers, until shortly after Ramush Haradinaj's arrival at the top of the executive, he has prosecuted it for the Assembly. Pristina, also envisions the Constitution to be regulated by special law.