Kurti's heavy letter to the Constitutional Court: The charge of nonprofessionalism, legal offense and partiality

Doubts of nonprofessionalism, violation of the law, and partiality in the ruling, on the part of the Constitutional Court, have raised Prime Minister Albin Kurti in a letter to the head of this Court Arta Rama, in terms of addressing the constitutionality of the executive's second decision to restrict the free movement of citizens at the time of pandemic. SThe head in question is unprecedented, where the chief executive, elected to political mandate, is re-vanced on charges against the institution anymore. High legal and independent in the country, according to the Constitution of the Republic of Kosovo. It goes so far as the acting prime minister in the form of pressure from the Constitutional Court to accept his comments about the legend within 45 days, not in the court's scheduled term, with reduced procedure.

An unusual letter has been accepted by Kosovo Constitutional Court Chairman Arta Rama from the Office of Kosovo Prime Minister 23 April this year.

Viewed as “before in disrespecting the legal deadline and working order of the Constitutional Court” by the Constitutional Court itself, in dealing with constitutionality, by this court, against the Health Ministry's decision to restrict the movement of Kosovo citizens as a precaution in combating the spread of the COVID-19 pandemic in Kosovo, the paperwork signed by Prime Minister in charge Albin Kurti contains grave charges of professionalising the Constitutional Court in dealing with the lens.

In it, Kurti claims that the highest judicial institution in the country has also committed violations of the law of the Republic of Kosovo, writes Reporter.net.

Even Kurti, has gone so far, as he tells chief judge Rama that the institution she leads has put under pressure the government he leads, “with illegal reports”, which he says is unacceptable.

In this letter, incumbent Prime Minister Albin Kurti claims that the Constitutional Court violated legal provisions regarding the deadlines set by the lawmaker and avoided the application of a provision of the Constitutional Court's Labour Rule.

“These two legal violations of an essential importance in a constitutional judicial procedure, argue as follows: The practice of the Constitutional Court of the Republic of Kosovo scatters the fact that the refusal to clarify, precision or meet the application submitted to the Constitutional Court is seen as the cause of refusing to demand in short procedure, because the side has not met the procedure criteria for further consideration”, it says, in document published by the prime minister's office on official Government page.

In turn, it shows that the Prime Minister's Office had demanded that the deadline for submitting comments to the subject sent to the Constitutional by a group of Kosovo Parliament deputies, either PDK deputies on April 17th, be not April 23rd 2020, but that it be done after 45 days, which according to the letter is the constitutional deadline for the opposing side to respond in demand.

In this regard, the Government notes that it is a violation of essential provisions regarding the procedure and deadlines to be followed by and at the Constitutional Court”, Kurti-Rames writes.

Therefore these clear violations of the judicial provisions and putting them under pressure from the Government with illegal reports is unacceptable”, the chief executive officer in charge of the letter to the head of the country's highest judicial institution.

For us, refusing to enforce the rules imposed by the Constitutional Court itself in concrete circumstances is serious concern over the professionalism and impartiality of the tribunal”, said this document directed for the institution that is guaranteed supremacy and independence with the country's Constitution.

On the contrary, the incumbent's letter claims that its comments, the Government he leads, will be sent to the Constitutional Court within 45 days, which, according to him, is the legal deadline, not the date for the Constitutional Constitution's decision.

“Therefore, the Government through this statement reports to the Court that its comments concerning not only merits but also the acceptance of demand will send them within the legal deadline. He also asks the Court not to prioritize requests in relation to other citizens of the Republic of Kosovo”, the document says, and then allegedly in other cases, the Constitution has rejected the requirements for the same concessions.

The government will carefully review the legal violations so far and depending on their legal qualifications will take the necessary actions based on the legislation based on”, says the dismissed chief executive in his letter to the country's top legal institution, Arta Ramen, of April 23rd 2020.

The claim in question is about the hibernation sent to the Constitutional Court by PDK deputies on April 17, 2020, to assess the constitutionality of the Health Ministry's decisions on limiting citizens' movement.

The decision of April 13th 2020, presented by Health Minister Arben Vitita, took effect two days later, precisely on the day when the Kosovo Government completed the deadline set by the Constitutional Court, which several weeks earlier, on March 31st of this year, had estimated that the Kosovo government's 23 March 2020 decision to limit the free movement of citizens was not in line with the Constitution, and it declared invalid.

The court had concluded that the “definition of fundamental rights and freedoms could become “by law only” of the Republic of Kosovo Assembly”. The Constitutional decision went into effect on April 13th of this year, the deadline set by this court itself.