Enver Hasani for new measures: Dedicated and Distractation of Power

The Health Ministry has published new measures of limiting the movement of citizens throughout Kosovo. With that decision, citizens will only be able to appear 90 minutes per day, Inswider writes.

However, this decision by the Ministry of Health, according to former Constitutional Court Chairman Professor Enver Hasani, is in full opposition to the Constitutional Court and its decision.

In a proposal to Insider, Hasani has said that the Health Ministry in no way dares make such decisions, since it is an effective announcement of the state of emergency, which cannot be done by MS decision.

The “That means entirely anti constitutional and against the Constitutional Court's decision. Because the Constitutional Court has made it extremely clear that the Ministry of Health can limit human freedoms and rights as long as there are legal authorizations of the Law on Health and Law to prevent infectious diseases. It means these can be quarantined by persons and areas that are infected, one by one, municipalities, spaces, certain neighborhoods, other”, Hasani said.

He added that the MS decision is deregulation of human freedoms and rights based on Article 56 of the Constitution.

This way that was said is entirely against the constitutional and against the Constitutional Court's decision, because it is a state of emergency effectively and it is deregulation from freedoms and constitutional rights under Article 56. Deregulation, it is not a restriction, this is a deregulation of constitutional freedoms and rights, according to Article 56. It is the usurpation of power, entirely contrary to the Constitutional Court's decision”, Hasani stressed, says Insander.

Professor Hasani has further indicated that constitutional decisions must be implemented in a mandatory manner.

“The Constitutional Court decisions are its own executable, they don't have as if regular guarantor courts, such as police going to jail if they respect the law. They're self-executable, because they're supposed to be conscious of executing them. The Constitutional Court has done its very professional work, has said it, and today's ruling is entirely contrary to the Constitutional Court's decision”.

And it's not a restriction, it's a deregulation, actually effective announcement of the state of emergency, it's a deregulation of my freedoms and rights as a citizen of Article 56 of the Constitution, and it can't do that with the Health Ministry's decision”, Hasani told Insider.

According to the Health Ministry's decision, citizens from Wednesday will be moving only one and a half hours per day and at the base of the previous personal number. Those who fail to comply with such provisions are also seen as severe punishments