Pariska for the government's decision: Not only violation of the Constitution but also democracy in the country

In a post on Facebook Pallaska, he said that except it was reported to the media, there is no decision published on the prime minister's official page, except for a draft decision.

The government's decision has not been published so far. I just saw the media issue a decision proposal. If the decision is still only a proposal, members of the Government should know that the proposal violates not only the Constitution but also democracy in the country. That's because it strips the Parliament and with it the sovereign ʹ from the inevitable constitutional right to rule for restrictions on constitutional rights and freedoms at the country's” level, it has written among other things Pallaska.

Full Facebook Pallasca text:

Since it was reported to the media that the Government by decision has limited freedom of movement at the country level, several times I opened the websites of Government and Official Gazette to see if the decision has been published.

So far the government decision has not been published. I just saw the media issue a decision proposal.

If the decision is still only a proposal, members of the Government should know that the proposal violates not only the Constitution but also democracy in the country. It's because it strips the Parliament and with it the sovereign ʹ from the inevitable constitutional right to decide on restrictions on constitutional rights and freedoms at the country level.

Since the government has the legal right to it (i) isolated the infected; (ii) placed in quarantine those who have or are suspected of having contact with the infected; and (ii) to stop the circulation in infected areas and areas endangered by infection, it gives the Government no constitutional right to restrict freedom of movement at the local level and, in general, as Government has reportedly done in this case. That is because this constitutional right belongs only to the Kosovo Parliament.

In this regard it is of importance that even the right of the Parliament to restrict freedom of movement is not absolute. This decision should be reasoned, proportional, and, more importantly, limited in time. The Government's decision seriously violates these three constitutional requirements as well.

Despite the brutality of constitutional violations in the event the Government has definitely approved this decision, the president does not have the constitutional right to annul or state this decision without any effect.

In the event the proposal has been approved, the president must submit the government's decision to the Constitutional Court for constitutional evaluation in the request that the decision be annulled as anti-covenant. In addition, to prevent violations of citizens' rights and freedoms and confusing institutional until the Constitutional Court's merit ruling, the president must also ask for the immediate suspension of the Constitutional Court ruling.

The Constitutional Court must at least decide on the request for suspension of the decision within 24 hours, as is the deadline for assessing the constitutionality of the decision to declare the state of emergency.