What does the state of emergency foresee?

Regarding Kosovo Prime Minister Avdullah Hoti's announcement of a state of emergency, he has warned that he is expected to decide Sunday at the Kosovo Republic of Kosovo Security Council meeting, which is currently headed by Hoti.

Nevertheless, the recent word for this is given to the Assembly of Kosovo.

In the event of the state of emergency proclamation, the Security Council exercises executive functions that are limited to functions that are particularly connected to the state of emergency and headed by the president of the Republic.

In a state of emergency under the Kosovo Constitution, the president after consulting with Government and Parliament could order the mobilisation of the Kosovo Security Force to help in the state of emergency.

Prime Minister Hoti during a virtual meeting held with Kosovo mayors has clarified that the state of emergency does not mean paralysing business and institutions, but gives relevant institutions permission to take quick and flexible measures in the face of the created situation.

And Health Minister Armend Zemaj, in a post on the social Facebook network, has been directed to Kosovo citizens to respect the measures and, as he has written, not to impose the state of emergency.

“Don't impose on us the state of emergency. We are not a government of hope, but a democratic state. It pains me to see Kosovo closed”, Zemaj wrote on Facebook.

Krasniqi: Public Health Under Threat

Valbon Krasniqi, task manager general of the Kosovo Hospital Service and University Clinic (SHSKUK), told Radio Free Europe that they would support any Kosovo Government decision that goes in favour of protecting the lives of citizens.

He has made it known that the situation with COVID-19 is extremely heavy, especially in the last two weeks.

The number of patients seeking hospitalization has increased significantly. During the past evening at the Kosovo level were over 280 patients laid out in CKUK clinics and in regional hospitals. The situation is going by weighing down, but we are still managing clinically the patients who are lying in hospital”, Krasniqi said.

As for the issue of the state of emergency, Krasniqi said it is the competence of the National Institute of Public Health to issue a decision.

However, according to him, the criteria to be looked at in this matter are clinical criteria - the number of patients extended and health system capacities to accept these patients as well as other epidemiological criteria.

What's important is that citizens understand seriously the situation we are in. The public health of Kosovo's citizens is at risk, the individual health of each citizen is seriously threatened and we should each have responsibility for our behaviour and actions”, Krasniqi said.

In Kosovo, since presenting the first cases to coronary on March 13th, the total number of infected has reached 4.512, and 97 patients have died.

The death toll of patients has increased by early July. From July 1st to July 11th alone, 47 deaths have been recorded.

However, the number of active cases is 2,259.

Lull Raka, microbiologist at the National Institute of Public Health in a post on the social Facebook network, writes that the priority of the state of emergency is to reduce the number of affected and reduce the mortality rate with COVID 19, while the consequences are the destruction of the economy, mental health with leading domestic violence and other consequences.

According to him, the possible solution could be “all in”, Raka wrote.

Rukiqi: State Not to Close Economy

Kosovo Economic Ode Chairman Berat Rukiqii on the social facebook network has written that any state of emergency, involving the closure of businesses, will be fatal to the economy.

If the state of emergency is declared to enable stricter measures in the struggle with pandemics, then these measures will not be taken at the expense of the economy. Measures should be taken against those businesses that do not respect the rules and preventive measures”, Rukiqi wrote.

On the other hand, the head of the Pristina municipality, Shpend Ahemti, wrote on Facebook that the extraordinary situation is an instrument for making decisions faster and that this does not automatically imply closing measures.

What does the Constitution say about the state of emergency?

According to the Kosovo Constitution, the country's president decides on the state of emergency, in consultation with the prime minister, when there is a need for emergency defence measures; there is internal danger to constitutional order or public safety, there are natural disasters, which affects the entire territory of the Republic of Kosovo or part of it.

Restrictions on the rights and freedoms guaranteed with this Constitution are made only to the necessary degree, as short as necessary and in full accordance with this Constitution.

With the state of emergency declared, the president of the Republic of Kosovo immediately announces the decree, which defines the nature of the threat and any restrictions on rights and freedoms. In this case, Kosovo's Assembly within 48 hours could give consent with two-thirds (2/3) of the votes by MPs present and voting.

Unless consent is granted, the president's decree has no power or effect. In another case, if there is danger to constitutional order and public security in the Republic of Kosovo, or there is a natural disaster in the entire territory of the Republic of Kosovo, or part of it, the Parliament for forty-eight hours, could give its consent with the majority of votes of all MPs and who vote. Unless consent is granted, the president's decree has no power or effect.

The state of emergency lasts as long as it continues to threaten danger and cannot last longer than a period of sixty days.

With the consent of most of the deputies in the country present and voting, the state of emergency, if necessary, could be extended for the subsequent periods of thirty days, but no more than for the additional ninety days total.

Meanwhile, Kosovo President Hashim Thaci, whose Constitution is entitled to declare a state of emergency, has been invited for an interview by the Special Prosecutor at The Hague.

Thaci will travel to The Hague on Monday (July 13th).

On 24 June, the Specialised Prosecutor's Office has announced that on 24 April it has sent Kosovo's specialised Chambers, headquartered in The Hague, an indictment of ten points for investigation, in which President Thaci, head of the Democratic Party of Kosovo, Kadri Veselin and others, are charged with a series of crimes against humanity and war crimes, including illegal murder, forced disappearance of persons, persecution and torture.