Attention turned to Civil Code

Justice Ministry officials have shown hope that during the remaining months of this year, they will finalise the Civil Code at the executive and then in the legislature.

In this document, changes are being made by experts, as the biggest focus is on changing Article 1138, which has to do with allowing same-sex marriage.

So far it's all working in that direction that this draft code be overall in the constitutional spirit, with a special focus on Article 1138, which is also consulting to be all in accordance with human rights and freedoms”, said Flamur Piraeus ) political adviser to the Ministry of Justice.

He voiced confidence that after the changes, he would also receive the support of majority deputies, who in their first reading had rejected the draft Civil Code.

On the other hand, ombudsman Naim Qeli has praised the Civil Code as a very important document that will help citizens in justice.

He has voiced opposition to the content of the article where civil co-existence is defined, while he has warned that he will send the same for comments to the Constitution.

“The solution is not what we proposed. I, even in comments sent to my opinion and in debates with officials, have stayed and been very consistent in my attitude. The constitutional rate must be carried into full law, as provided. And not to leave a later solution because it is only a postponement, not a solution to the problem”, stated Naim Qeyaj ém ombudsman.

Even the director of the Kosovo Institute for Justice, Ehat Miftaraj, says that drafting the Civil Code is one of the greatest initiatives of the Republic of Kosovo in the justice system, while criticising the ruling party that has failed to approve this law in first reading.

While the Civil Code has unfortunately been prolonged and has not been adopted in the Kosovo Assembly for a provision that relates to a constitutional right, it is a shame that the ruling party has not been able to communicate, to co-operate with its MPs to reveal the importance of this code. While a right is guaranteed by the constitution, according to what the laws define, the norm acts would have to be ensured then through a corresponding constitutional law”, said Ehat Miftaraj director of the Kosovo Institute for Justice.

Out of 1630 articles as long as there is this draft code, the biggest discussion has been made about what allows the registered civil co-operation among people with the same sex”.

However, this was considered to offer no equality in the right to marriage.

Project Civil code failed to approve in March of this year. Of 120 deputies, only 77 were present, of them 29 voted against, 28 for, 16 did not vote at all and four abstentions. /Gazza10