In its ruling, Constitutional Court stresses threat, pressure from Albin Kurti

Constitutional Court President Arta Rama had accepted an unusual letter from the Kosovo Prime Minister's Office.

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 Alb Kurti contains grave charges of professionalising the Constitutional Court in handling the subject.

Kurti claimed that the highest judicial institution in the country has also committed violations of the law of the Republic of Kosovo.

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 outlines the fact that the refusal to clarify, establish or meet the application submitted to the Constitutional Court is considered due to the rejection of the request in short procedure, because the side has failed to meet the procedure criteria for further review”, said in the document published by the prime minister's office on the government's official page.

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.

To such a letter by Kurti today, the Constitutional Court has reacted to the decision it has made about the PDK's complaint about new measures of limiting the movement taken by the Minister of Health, Arben Vitita.

The Constitutional Court at 15th, 16th and 17th of the act published today says such an approach of the government led by Albin Kurti is unacceptable and contrary to the fundamental values of the Constitution of the Republic of Kosovo.

However, the Court strongly stresses that the Government's approach to the Court that reflects this parachute is unacceptable and contrary to the fundamental values of the Republic Constitution”, the Constitution states.

It has also been called on Kurti not to interfere with the independence of the Court by reminding the leader of the Vetevendosje Movement that powers are divided and that the Constitutional Court decisions should be respected by all branches of power in Kosovo.

“Gjykata re-exemphascises that it is an independent body in defense of the Constitution and is the ultimate interpreter of the Constitution. The court also recalls that the Constitution attributes it full independence in carrying out its responsibilities. Moreover, it is the constitutional obligation of the Government and all the institutions of the Republic to respect and not interfere with that independence. The court also reminds the government that the Constitution does not attribute any competence to it regarding decision-making judicial power. Respecting the fundamental constitutional values, regarding the division of powers, the independence of judicial power, independence and authority of the Constitutional Court and the protection of the rule of law, is the constitutional obligation of all branches of power of the Republic of Kosovo”, points out at the 17th provision of the Constitutional Court in the case of KO 61/20. /