Thaci's adviser shows that the government cannot make a decision for <x0).

Thaci's adviser shows that the government cannot make a decision for <x0).

President Thaci's adviser, Adil Behramaj, through a post in his Facebook account, has clarified that the Government of Kosovo cannot make a decision for <x0 police subsets” and prevents the movement of citizens. Such a decision, according to Behramaj, would be unconstitutional without the state of emergency being declared. “If Kosovo Government [...]

Such a decision, according to Behramaj, would be unconstitutional without the state of emergency being declared.

“If the Government of Kosovo has officially made a decision on “the police station”, halting the movement of people between 9:00 and 6 a.m., it has just made an illegal and unconstitutional decision.

Limitation of 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.

If he has made such a decision, the Kosovo government has violated a host of provisions of the Constitution of Kosovo, which are very clearly specified in Article 56 [Foreign Rights and Freedoms during the Extremous State].

“Nini 56 [Informal Rights and Freedoms during the extraordinary situation]

1. 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.

2. 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. Otherwise, the state of emergency could also be declared without the compatibility of the Government of Kosovo.

The president has a constitutional obligation to consult with the prime minister, but does not need to take his reconciliation or disagreement.

For the decree of the announcement of the extraordinary situation, Kosovo Assembly deputies later decide.

Referring to Article 131 of the Constitution of Kosovo, the president has consulted the prime minister's announcement of the extraordinary situation, and during the Security Council meeting, he has asked the prime minister and other members of the Security Council to hold another upcoming meeting on the next day, where the necessary measures would be co-ordinated in the case of the Foreign Affairs declaration.

For a upcoming meeting tomorrow, the prime minister was rejected and by respecting the Constitution of Kosovo, in the spirit of the article and the appropriate paragraph that he owes the prime minister, 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 Foreign Status.

The prime minister has responded with a letter stressing that, meanwhile, the president's request for the Security Council meeting to be processed.

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.

The decree may also be followed without their recommendations and enter into force after the vote by MPs, but the government is then obliged to implement all measures, so it is necessary to co-operate, contribute to their recommendations and jointly engage in this battle!”, Behrahaj wrote.

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