Constitutional Court Declares Thaci's Request Unacceptable EULEX

The president was addressing the tribunal amid the claim that there is uncertainty about constitutional competence for ratification of the Charter Exchange between the Republic of Kosovo and the European Union. In this regard, the president claimed it was not clear whether the European Union for Foreign Affairs and Security Policy's High Representative, “should be ratified in the quality of the International Agreement, from the Parliament of the Republic of Kosovo, with votes of two-thirds of all MPs, or considered ratified after signing by the president, due to the changing role and executive mandate of the European Union for Rule of the Law in Kosovo, since now there will be mainly advisory and monitoring <14)

In its decision to be refused, the Court has said that, this was the first case at the request for assessing the claim of “conflicted” between constitutional competencies. In this direction, it explains that the jurisdiction of the Court for the assessment of conflict between constitutional competencies is of preventive character -- constitutional control “>ex-tensity, respectively -- but that does not rule out an ex-post constitutional audit.

Thus, the Court highlighted the constitutional requirements preceding Article 113.3 (1) of the Constitution, the pre-entity legal requirements of Article 31 and 32 of the Law, and those seen in the 68th rule of the labour arrangement as conditions of compliance which must be met in a case of conflict with constitutional competencies. After assessing their application in concrete circumstances, the Court came to the conclusion that, although the case was presented by an authorised party, he had not specified exactly what conflict exists between his constitutional competencies and the Assembly. This has happened despite the Court's request to clarify his request, which he had originally brought into the form of a constitutional question based on Article 84 (9) of the Constitution. According to the Court, the president had not delivered enough useful information about the alleged “conflict” or the “interpreted”, nor had he specified “the exact conflict between the constitutional competencies of the president and the Assembly.

The newspaper had reported on the president's amended request on March 15th. President Thaci had received instructions from Constitutional Court Chairman Arta Rama-Hajriz to save the request, which relates to EULEX's mandate. This confirms the paperwork and correspondence provided by “Koha Ditore”. None of the country's 120 deputies have given comments on Thaci's alleged conflict. After the paperwork went into the box, they were in winter break. The Constitution had attempted to involve both EULEX and the party in the procedure, enabling it to give comments. But EULEX chief Alexander Papadopoulos, in his letter to the Court, has reminded him that this mission is not a Kosovo organ, therefore it cannot be party to any procedure and no quality in Kosovo, transmits time.net.