Venice / Kurti Commission: We don't comply with your request because we'll harm the Constitutional Court

In this letter, the Commission has told Kurt he cannot handle his request because it would harm the Constitutional Court of Kosovo.

LETRA:

Your Honor, Prime Minister,

Thank you very much for your May 1, 2020, letter, through which you request an opinion by the Venice Commission about the competencies of the president of Kosovo, in terms of the dissolution of the Assembly and the formation of the Government.

I have been reported that this issue was presented at the same time by a group of Parliament deputies at the Constitutional Court of Kosovo. The Constitutional Court is actively dealing with this requirement, and has already made a temporary move.

Consequently, I consulted the Venice Commission office to ask whether the Commission should handle your request under such circumstances. There was full reconciliation within the Office that the proper body to deal with this issue, which is essentially an issue of interpreting the Constitution of Kosovo rather than implementing international standards, is the Constitutional Court of the Republic of Kosovo. If the Commission were to intervene, it would risk undermining the court's authority. Therefore, the Commission is in no position to consider your request.

I am confident that the Constitutional Court will offer in satisfactory solutions to this issue. The Venice Commission remains available to Kosovo authorities to co-operate on any other issue within its competencies.

Honestly,

Gianni Buquiccio