8 hours agoThaci-Haradinaj constitutional battle, under which the winner is known
Periskopi(7 years ago)
(7 years ago)The Constitutional Court yesterday has issued the offer of impunity in the KO181/18 case. This case involved the request of President Thaci, who in light of the constitutional provisions set forth in Article 92 paragraph 4 as well as Article 93's paragraph 4 of the Constitution to answer the questions (Picque 4 of the Actition): “1. a [...]
The Constitutional Court issued it yesterday. Impartial decision in the case of K181/18.
This case involved the request of President Thaci, who in light of the constitutional provisions presented in Article 92, as well as Article 93's paragraph 4 of the Constitution to answer questions (Picka 4 of the Actation):
“1. Should (government) cancel all decisions on carrying the real estate of the Republic of Kosovo for exploitation, to municipalities, without legal basis; and
- Should (the government) reconsider all decisions, dealing with the withdrawal process of privatisation of property and their return to municipalities and comply with procedures under the legislation in force on this matter”. Taking into account this request by President Thaci, the government of Kosovo through decision No. 0576 of November 21, 2018, had cancelled all government decisions on the return of the AKP's social property to Kosovo municipalities, which confirm that there are sales contracts, or in which there are temporary measures from the Supreme Court's Special Chamber on issues concerning the AKP.
Consequently, the Constitutional Court has no way of handling the pre-missive demand in relation to these decisions, since the same are already cancelled by the government itself. (Picka 49 of the Actual)
Done in this situation, the Constitutional Court has not been at all in the government's decisions, as mentioned at the 77th polling point: “Gjycatta, however, ultimately stresses that, the conclusions drawn above, do not prejudge whether the Government's decisions made by the petitioner, are in accordance with the Constitution or whether they have legal basis<1>.
In the end, the Constitutional Court decides to declare the president's request unacceptable.
For the non-jurist reader, it is a vague situation, but the goal of President Thaci to annul all decisions on carrying the real estate of the Republic of Kosovo for exploitation to municipalities, in the absence of legal base has been achieved.
The Kosovo government, after proceeding with the application to the Constitutional Court, has itself annulled all its illegal decisions.
