The package shows what is the state of emergency and who is right

The package shows what is the state of emergency and who is right

Kosovo lawyer and lawyer, Dastid Pallaska, has given his opinion about President Thaci's proposal for declaring the state of emergency in Kosovo following the situation created by the Devi-19 virus, or, as the Coronavirus is known. The package has shown that proclaiming the state of emergency does not imply setting a series of measures and/or restrictions of [...]

The package has shown that declaring the state of emergency does not imply setting a set of measures and/or predefined restrictions.

“Rather, the measures and restrictions that may be imposed with the announcement of the state of emergency should be designed according to the situation and/or the risk created, which these measures and restrictions are intended to respond to. This is because, according to the Constitution, the measures and restrictions imposed with the announcement of the state of emergency should be in risk proposal and/or the situation created”, has written Pallaska on Facebook.

In terms of unnecessary constitutional conflict between president and prime minister who risks public health

Declaring the state of emergency does not mean setting a series of predefined measures and/or restrictions. Rather, measures and restrictions that may be imposed with the announcement of the state of emergency should be designed on the basis of the situation and/or the risk created, which these measures and restrictions are aimed at responding. This is because, according to the Constitution, the measures and restrictions imposed with the announcement of the state of emergency should be in risk proposal and/or the situation created.

On this basis, the president has constitutional obligation to prelaunch and reason on the aforementioned constitutional criteria ʹ measures and restrictions proposed to be imposed with the announcement of the state of emergency as well as the proposed length of the state of emergency.

It is unacceptable for the president to talk about mobilization and use of the country's Security Force without pointing to the measures and restrictions that need to be imposed and without reason why these measures and restrictions can be implemented only by the Security Force.

Just as unacceptable is the prime minister's failure to seek answers to the above-mentioned questions and the refusal to declare the state of emergency only because the proposal was made by the president.

The lack of co-ordination between the president and prime minister in this regard seriously endangers public health.

It is amazing that after three days of satisfactory co-ordination at least apparently by institutions responsible for public health, we will witness an unnecessary conflict between the prime minister and the president, fed exclusively by their need for protagonism and for more power, even if it endangers public health.

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