a minute agoGovernment Warned Measures Reject Basic Constitutional Rights
Periskopi(6 years ago)
(6 years ago)It has been reported and has even stemmed from the document on how the Government of Kosovo, Prime Minister Albin Kurti, respectively, through a new decision, will ban the circulation of vehicles from 10am to 16pm and from 20am to 6am. The government will make this decision as [...]
It has been reported and has even stemmed from the document on how the Government of Kosovo, Prime Minister Albin Kurti, respectively, through a new decision, will ban the circulation of vehicles from 10am to 16pm and from 20am to 6am.
The government will take this decision as a precautionary measure to the spread of the coronary pandemic. The decision also comes on the eve of calling the extraordinary hearing for the voting motion to the Kurti Government.
But can such a provision be taken? The ban on circulation, therefore, is avoidance of human rights and freedoms.
Such a thing, according to Article 56 of the Kosovo Constitution, cannot be done without the state of emergency being declared.
“Avoiding fundamental rights and freedoms that protect themselves with the Constitution, it can only be done after declaring the extraordinary situation under this constitution and only to the extent it is necessary under the circumstances provided”, says the 1st of Article 56 “fundamental rights and freedoms during the extraordinary situation”.
Point two of this article continues: “Avoiding basic rights and freedoms guaranteed by articles 23,24,25,27,28. 29.231,33,34,37 and 38 of the Constitutional is not allowed under any circumstances”.
