18 minutes agoIKD: Many Government decisions conflict with law and constitution
Periskopi(6 years ago)
(6 years ago)The Kosovo Institute for Justice (IKD), with the support of the US State Department ʹthe Bureau of International Narcotics and Law Implementation Issues (INL) and NED, has published the report: “The legality of the decisions necessary for Codvi-19 (Analissis of constitutionality and legitimacy of decisions for COVID-19)”. IKD analysis findings show respect for [...]
The findings of IKD analysis show that respect for human rights and freedoms and rule of law are constitutional values in the constitutional order of the Republic of Kosovo, as long as we do not respect the binding legal hierarchy and fundamental human rights and freedoms are negration of these values.
Because of the rise in the number of infected countries from around the world, the World Health Organization (OBSH) on March 11, 2020, has declared the Corona virus that causes the Devi-19 disease as a global pandemic. The first cases with COVID-19 in Kosovo were confirmed on March 13th 2020, until the day of publication of this report, a total of 604 infected with COVID-19, 128 of them have been healed until 18 others have lost their lives”, the report said.
To prevent the spread of this pandemic, the Government of the Republic of Kosovo and the Health Ministry have taken a series of measures. Despite the medical rationality of these measures, legally, in many cases these decisions do not apply to the value of rule of law, respect of the Constitution, and laws and protection of basic human rights and freedoms”, the report says further.
The IKD findings testify that in many cases such decisions were made by non-competent institutions, without legal grounds, and overstepping legal authorisations, what constitutes a serious violation of the principle of the legal hierarchy in the constitutional order of the Republic of Kosovo.
On March 23rd 2020, the Government of the Republic of Kosovo had made a decision to ban the circulation of citizens and private vehicles, which the ban, according to the decision, started on 24 March 2020.
At the request of the president of the Republic of Kosovo, this decision has been the object of the Constitutional Court's assessment, which the same ruling has abolished, with the argument that the same is not in line with the provisions of the Kosovo Constitution.
The main requirements of this act were that these decisions should be issued by the Ministry of Health, not by the Government, as well as those measures should be legally defined.
While the first requirement has been implemented, the Ministry of Health has again made decisions for which it is not authorised by law.
On the other hand, in order to give these necessary health measures to legitimateity and legality, Kosovo Parliament Speaker Vjosa Osmani has followed the legislative initiative for the draft Prevention and Combating of COVID-19 in Kosovo, which the draft law has still remained at the stage of the legislative initiative.
