Office of the President: The amendment has been proposed to eliminate dilemmas about special mandate

The president's office has responded to the Constitutional Court's Specialised Chamber request, headquartered in The Hague, regarding their request for information about the 162th Constitution of the Republic of Kosovo amendment proposal on 24 August 2020.

The official letter of the President's Office explains in detail the process and the reasons for the 162 Article Amendment Proposal, or paragraph 13 and 14 of this constitution article on the part of the president of Kosovo.

As defined in the Constitution and the Framework Rule of the Parliament, it is said that the president has forwarded constitutional amendments to the Parliament's president, Mrs. Vjosa Osmani-Sadriu and five deputy heads of the Parliament, as well as have called for these amendments to be addressed for control at the Constitutional Court of the Republic of Kosovo, to ensure that they do not diminish the freedoms and rights guaranteed by Chapter II of the Constitution, before the amendments are imposed for approval in the Parliament.

“Based on public procedures and later on the letter of KSC-CC-2020-11 admitted to the President's office in 08.10.2020 (Ref: 848/1) is understood that the head of the Republic of Kosovo's Parliament, Ms. Vjosa Osmani-Sariru, the proposed amendments to the Constitution, on September 18, 2020 has forwarded to Specialised Chamber Speaker”, says among other things in this document, under which the amendment proposal of Article 162 was made after a process of discussions in the President's Office, where it is estimated that Article 162 [S Specialisedments and the Specialised Prosecutor's Office] The Constitution, or paragraphs 13 and 14 of this article, have created uncertainty in Kosovo's broad opinion regarding the completion of the mandate of Specialised Chambers and the Specialised Prosecutor's Office.

“In the form of paragraphs 13 and 14 of Article 162 of the Constitution, the thought and widespread conviction has been extended that the mandate of the Specialised Chambers and the Specialised Prosecutor's Office will last over a period of more than five years (5) from the time of approval of the Constitution of the Republic of Kosovo. This has not rarely sparked numerous reactions to various acts”, the President's Office for the Specialised Chamber of Constitutional Court explained at The Hague.

To avoid these confusions and eliminate any dilemma, it says the president has recommended that 162 Constitution's proposed amendments be made, or that paragraphs 13 and 14 be re-formed.

“According to the proposed amendment, the mandate of the Specialised Chambers and the Specialised Prosecutor's Office will last until the announcement of the end of the mandate is made by the European Union Council in consultation with the Government of the Republic of Kosovo. So the proposed amendment is the harmonisation of Article 162 with what is defined in Law No. 04/L-274 for Ratification of the International Agreement between the Republic of Kosovo and the European Union on the European Union's Mission to End Law in Kosovo” has clarified the President's Office.

Moreover, in this letter of the President's Office, it is explained that the process of sending proposals to the Assembly has been made in accordance with the Constitution and taking into account preliminary cases. It says the issue of sending constitutional amendments to the Assembly is standard and very clear practice in the Republic of Kosovo.

Any constitutional amendment proposal is addressed to the Assembly, respectively, the Speaker of the Assembly, who is obliged to address any amendment to constitutional control at the Constitutional Court, in order to prejudge if the proposed amendments do not diminish the rights and freedoms specified in Chapter II of the Constitution, before the amendment is put for approval in the Assembly. While, as specified in Article 144 (3) of the Constitution, constitutional amendments can be adopted by the Parliament only after the Kosovo Assembly Speaker has addressed the proposed amendment to the Constitutional Court to assess in advance whether the proposed change does not diminish the rights and freedoms specified in Chapter II of the Constitution, and after the Constitutional Court estimates that a amendment does not diminish any right and freedoms specified in Chapter II of the Constitution”, it is said in the letter of the President's Office.