Ombudsman is analyzing decision on limiting movement

The Ministry of Health during yesterday has published new measures to restrict 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 has sparked numerous reactions.

But is there a legal basis for this decision to be sent to the Constitutional Court by the ombudsman.

Ombudsman Hilmi Jashari has said he cannot make an assessment about this issue without having any request that this decision is being rejected.

But he has said that despite this, they are analyzing this decision, adding that they have imagined it could arouse public interest.

I can't get a value as a principle of institution without following a request that warrants us to give us an approval assessment. We're dealing with the analysis at the moment, because we've thought it might awaken a public interest, I've asked my associates to do an analysis on this and see the impact of this decision being in line with the Constitutional Court's act of judgment, but with its spirit”, Jashar said of the Inseder.

Explaining the situation of this decision, Jashari has stated that this is a special case, since this is a ministry decision, which he says does not authorize the ombudsman in such a kind of situation.

The “will be assessed if, because it's a difference in the constitutional provisions that authorise the ombudsman over what specific circumstances the government is talking about because it's really about the decisions and the prime minister's decree, but in this case it's about a decision of the ministry that the Constitution does not authorize the ombudsman for these situations, but we're under the analysis of this job, so we're actually doing a assessment with colleagues and then looking at”, Yasharari has stated about Insjederin.

He says he is skeptical because he claims that Kushettatta mentions him in the specific circumstances in which the ombudsman's situation may require interpretation.

However, I am a little bit skeptical personally because of this restriction the Constitution gives or the Constitution, as I said, and it mentions in specific circumstances in which the ombudsman situation can also appeal to the Constitutional Court, even the decisions of the minister are not mentioned in the Constitution as the circumstances when the ombudsman was able to initiate a case in the Constitutional Court”, he said, about Inseder.

Jashar, has declared that all this decision should be addressed in the spirit of the Constitutional Court, as did the latter several days ago for such measures.

“While all of this I believe would have to be dealt with in the spirit of judgment of the Constitutional Court that it made several days ago just for such measures, Kosovo's Assembly also has after a time available with months harmonising the Government's decision on a legal basis because of the circumstances in which the country and the world is in place due to the pandemic”, he has said.

For the Health Ministry's decision, former Constitutional Court Chairman Professor Enver Hasani has said it is in complete 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.

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. Likewise, before them and severe punishment for those who refuse to comply.