Ardian Gjini: Government made unconstitutional decision

“Now is really dangerous. This behavior is unforgivable. If this continues, the consequences will be beyond the coronary. Honestly, madness has no limits. I've argued for the state of emergency, but not for a government stamp! The Assembly must meet urgently! This decision is the burning of the state at the most painful time possible. Kosovo does not endure dictatorship”, Jean writes in a Facebook post.

Kosovo executive measures are expected to stop the circulation of people and vehicles. The ban on the circulation of citizens and vehicles is expected to be divided at two different times.

From 10:00 in the morning until 4: 00 p.m. and from 8:00 p.m. to «evening until 0600 a.m. The government's meeting is expected to be held in virtual form tonight and will be voted for new measures that will apply by tomorrow.

Otherwise, the Government's decision regarding restricting citizens' freedoms and rights can only be made when the state of emergency is declared, on the contrary, no institution has a mandate to deny them fundamental freedoms and rights.

The government under that decision has violated several provisions of the Constitution, which are specified at Article 56 .

- Article 56.

Avoiding fundamental rights and freedoms protected by the Constitution can be done only after the announcement of the extraordinary situation under this constitution and only to the extent that it is necessary under the circumstances provided.

Avoiding basic rights and freedoms guaranteed by articles 23, 24, 25, 27, 28, 29, 31, 33, 34, 37 and 38 of the Constitution is not allowed under any circumstances”, the Constitution of the Republic of Kosovo says.

Kosovo does not have a law on <x0).

Nor did Law No. 04/-L-027 for Protection From Natural Disasters and Other Disasters, nor Law No. 02/ L-109 for preventing and combating infectious diseases do not predict the possibility of such a restriction.

The state of emergency can also be declared without the reconciliation of the Government of Kosovo.

President Hashim Thaci has the constitutional obligation to consult with the prime minister, but does not need to take his reconciliation or disagreement. The decree for the declaration of the state of emergency then decides Kosovo Assembly deputies.

Referring to Article 131 of the Constitution, the president consulted the prime minister's announcement of the state of emergency, and during the Security Council meeting, has asked the prime minister and other members of the Security Council to hold another meeting on the next day, where the necessary measures would be co-ordinated with the case of the state of emergency.

For a upcoming meeting tomorrow, the prime minister was rejected and by respecting the Kosovo Constitution, in the spirit of the article and the appropriate paragraph that the prime minister owes, the president has again filed a written request to hold the Security Council's rotating meeting to finalise the measures that should be in the decree of the state of emergency.

Prime Minister Kurti has responded with a letter saying that, meanwhile, the president's request for calling the Security Council meeting will be prosecuted. But, failing to gather the Security Council in line with the president's request, the prime minister has violated Article 127, paragraph 3 of the Constitution of Kosovo and Article 5, paragraph 5.4 of the Law for the establishment of the Security Council.

The decree and measures for the announcement of the extraordinary situation have been completed by the President's Office, but in the absence of the Security Council's upcoming meeting, the recommendations of other members of this council have not yet been obtained, which come from the Kosovo Government ranks.