Vetevendosje complaint to Thaci: Constitutional Court Makes Decision

The Constitutional Court has decided to remove from the list the request of VVA deputies, and by majority, this case has remained without consideration.

According to the current position, the appointment of the date of the elections is such a circumstance that consists of that demand in question already has no reasoning and that the purpose required to be achieved has already been fully achieved.

The trial finds that through the President's decision [Nr.157/20], the application object of the petitioners has changed significantly. The current position, respectively. Election Date Set It is such a situation that consists of that the request in question already has no reasoning and that the purpose required to be achieved has already been fully achieved. In view of this, the Court considers that there is no longer any merit to further examine this case and such reasoning, the Court has already made it clear even in its judicial practice”, the JCK's decision states.

The Constitutional Court's full decision:

At the review hearing held on November 18, 2020, the Constitutional Court of the Republic of Kosovo reviewed the request: 1. June 98/20. Below, you can read the brief summary of the decision (The complete text of the verdict will be handed over to the parties, published on the Court and Official Gazette website over the following days):

1. Subject: Time 98/20

Foreground: Hajrullah Ceko and 29 other deputies

The object of the issue of the motion was to assess the constitutionality of the decision of the president of the Republic of Kosovo [r.52/20] on March 14, 2020, for delaying the holding of extraordinary elections for the mayor of the Podujevo municipality. The applicant claimed that the controversial decision is not in agreement with Article 4 of Article 84 [The President's Comissions], Article 7 [Velrates], Article 123 [General ought], Article 45 [election Rights and Participation] and Article 1 of Article 124 [The Organization and Function of Local Self - Government] of the Constitution of the Republic of Kosovo, with Article 21 of the Universal Declaration of Human Rights and Article 3 of the No.1 Protocol of the European Convention on Human Rights.

The request was based on subparagraph 1 of Article 2 - 113 [Juridication and Authorised Palaces] of the Constitution at Article 22 [Request Processing], 29 [exacting] and 30 [Aphats] of Law No. 03 L-121 for Constitutional Court, as well as rule 32 [Preparation of requests and responses] and 67 [requirements in accordance with Article 113.2 (1) and (2) Constitution and Article 29 and 30 of the Law] of the Constitutional Court's work regulations.

Finals

1. Regarding the circumstances of the concrete case, the Court takes into account paragraph (4) of the work order 35, as well as Article 37 of KEDNJ, which case before her, she answers two consecutive questions: (i) First, that are still the circumstances for which they had directly complained before the seekers; and, (i) Second, if the effect of eventual violation of the Convention due to those circumstances has also been corrected. The court also praised whether continued examination of the concrete case is necessary in the context of respect for human rights guaranteed by the Constitution and Convention.

• In the context of this analysis, the following Court concluded that in concrete case, (i) as long as the reason for the president's decision was disputed, namely. Postponing elections indefinitely, does not stay; And (i) as the effect of the eventual violation of Article 45 of the Constitution and Article 3 of the KEDNJ Protocol 1 because of those circumstances has been addressed with the definition of the new date of elections (exactly on November 29th 2020), the Court considers that the concrete case does not include any specific circumstances related to the respect of human rights defined with the Constitutions and Convention.

• Consequently, the Court finds that through the decision of President [N.15,7/20], the object of the request of the petitioners has changed significantly. The current position, respectively. Election Date Set It is such a situation that consists of that the request in question already has no reasoning and that the purpose required to be achieved has already been fully achieved. In view of this, the Court considers that there is no longer any merit to further examine this case and such reasoning, the Court has already clearly expressed it in its judicial practice (see court cases: KO63/12, with a previewer The request of Alma Lams and the other 10 deputies of the Republic of Kosovo to assess the constitutionality of nines 37, 38 and 39 of the Republic of Kosovo Penal Code, No. 04/L-82, decision to remove request from the December 10, 2012, paragraph 19; KO107/10 case, with preliminary Geani Geci and the other deputies, Rating the Constitution of the Parliament's Decision of October 14, 2010, regarding the Government's Strategy and Project for Privatisation of Kosovo Post-Telekom, The decision to remove the August 17th 2011 request list, paragraphs 24-26; K58 cases, Kl66 and Kl94/12, with a forger Ceatin Gashi, Halit Azemi and the group of municipal councilors of the Year's KK, the requirement for assessing the constitutionality of Mitrovica, Gjilan and Vita's decisions on citizens' dedication to access to municipal services with payment of obligations to public enterprises, decision to drop request from the July 5, 2013, paragraph 45.

• Thus, as a general procedure principle, the Court does not make decisions in cases where the case no longer exists, and the case remains without examination. This is the internationally accepted principle of bringing courts and is an analog with the principle of judicial restraint (see the Ko63/12 case, quoted above, paragraph 23; KI11/09, Tome Krasniqi, Assessing the constitutionality of Article 2.1 of the United Nations Mission Administration Command in Kosovo (UNMIK) No. 2003/12, and Article 20.1 of the Kosovo Radio Television Law, Law No. 02/L-47, Decision to drop the May 30th 2011 requirement list, paragraph 46.

• In assessing the constitutionality of President of the Republic of Kosovo No.52/20's decision, on March 14, 2020, the Court ruled by majority of votes that, the case has remained without consideration and therefore decided:
• BE FROM LISTA request, according to rule 35 (4) of the work order;
• Tʹ U n A UNDER this decision between the parties;