Constitution suspends KPMSCK members' decision on dismissal

Constitutional Court has ruled for early measures by December 15th, and immediate suspension of the decision on dismissal of members

“Consequently and based on the clarifications given in the published decision, stressing that setting the interim move does not prejudge the acceptance or credit of the case, the Court imposed the interim measure until December 15, 2021, immediately suspending the controversial decision and determining that the Parliament should refrain from any action concerning the issue of electing new members until the final decision of the Court.”, the Constitutional Report, Periscopi broadcast.

This decision was disputed and sent to the Constitutional Court by PDK Parliamentary Group chief Abelard Tahiri and 10 other MPs.

In the country, Tahiri had said he should raise criminal charges against MPs who are for the dismissal of five members of the Independent Council for the Kosovo Civil Service./Periscopi/

The Constitution's full announcement:

The Constitutional Court of the Republic of Kosovo today publicised the decision for interim measures in the case of KO 127/21, issued by Abelard Tahiri and 10 other deputies of the Republic of Kosovo Assembly, in which it was asked to become an assessment of the constitutionality of the No decision. 08-V-029 of the Republic of Kosovo Assembly on 30 June 2021 for the dismissal of five (5) members of the Independent Council for the Kosovo Civil Service.

On June 30th 2021, the Assembly of the Republic of Kosovo, through the decision [r. 08-V-029] had approved the recommendation of the Public Administration Commission for the dismissal of five (5) members of the Independent Supervisor Council for the Kosovo Civil Service. Predators of the motion, 11 Kosovo Assembly deputies, respectively, called on the KO 127/21 requirement to assess the constitutionality of the Supreme Assembly decision. In the meantime, and with the aim of assessing the necessity for establishing the provisional measure, the Constitutional Court requested information from the Parliament on actions taken after the controversial decision, and, as a result, was announced by the Parliament, that the same had announced competitions for the election of new Council members.

Predators of the request before the Court claim, among other things, that the controversial decision of the Parliament violates the Council's independence, guaranteed with Article 101 [Sivarial Service] and Article 142 [Independent agencies] of the Constitution of the Republic of Kosovo, therefore demand that the same be annulled. Predators of demand, for more so, referring to Article 2 paragraph 43 (Affat) of the Law for the Constitutional Court stressed that the controversial decision is subject to the ex-leg effect regarding judicial consequences, asking the Constitutional Court to announce the Parliament, that the company of actions to implement the controversial verdict is in conflict with the pending effect set out in the Law on the Constitutional Court.

The court considered the claims of pre-requisite requests in terms of the provisional measure and the corresponding answer to the Parliament, and initially, referring to its judicial practice, clarified the circumstances when the act of the Parliament, the constitutionality of which is disputed by ten (10) or more Kosovo Assembly deputies before the Court, subject to the pending effect, as defined in the Constitutional Court Law. The court also explained that, given that the controversial procedure ruling in order to produce legal consequences, it does not foresee sending it to the president, the same does not submit to the pending effect based on Article 43 of the Law for the Constitutional Court. However, and considering that the request before the Court raises a series of issues related to the independence and functioning of the Council, as an independent institution founded on the Constitutional Court and ensuring respect for the rules and principles regulating civil service, assessed the need for the implementation of the provisional measure under official office, based on Article 27 (Simminent Measures) of the Law for the Constitutional Court and at Rule 56 (Econternal Mass Request) of the Labour Rule.

Consequently and based on clarifications given to the published decision, stressing that the provisional measure does not prejudge the bias or merits of the case, the Court imposed the interim move until December 15th, 2021, immediately suspending the controversial decision and specifying that the Assembly should refrain from any action on the issue of electing new members until the court's final decision.