Self in justice: Constitutional splits proposed criteria for dismissal of judges, prosecutors

The Constitutional Court has announced today that the unanimously, through which the proposed constitutional amendment No.29 has decided to declare the acceptable request, and has ruled by six votes, that the proposed constitutional amendment no.29, through which the transitional control of the integrity of “...] members of the Kosovo Judiciary Council, members of the Kosovo Prosecutorial Council, the heads of all courts and all the chiefs, and candidates for these positions...”, by the Authority for the Control of the Integration (Aritor), do not diminish fundamental rights and guaranteed to chapter II.

The unanimous Constitution has also concluded that proposed constitutional amendments No.27 and No.28, through which the constitutional criteria for the dismissal of judges and prosecutors are proposed because of the grave disrespect of the “tasks, defined in paragraph 4 of Article 104 [Employing and Downloading Judges] and paragraph 6 of Article 109 [state prosecutor] of the Constitution, with “consistently being assessed with insufficient performance” or “committed grave disciplinary violations”, do not diminish fundamental rights and freedoms guaranteed with Chapter II of the Constitution

The report says that the Constitutional Court has unanimously concluded that proposed constitutional amendments No.27 and No.28, through which the fulfillment of the constitutional criteria for the dismissal of judges and prosecutors is confirmed due to the grave disrespect of “tasks, defined in paragraph 4 of Article 104. [Employing and Downloading Judges] and Article 6 of the Constitution's Article 109 [state Prosecutor], with the formation “proven to have unwarranted assets” with final judicial ruling, do not diminish fundamental rights and freedoms guaranteed with Chapter II of the Constitution.

However, the unanimous Constitution has ruled that proposed constitutional amendments No.27 and No. 28 which proposed meeting the constitutional criteria for the dismissal of judges and prosecutors due to the “severe disrespect of tasks”, defined in paragraph 4 of Article 104 [Employing and Downloading Judges] and Article 6 of the Constitution's Article 109 [state Prosecutor], with the formation “there are vulnerable integrity”, diminish fundamental rights and freedoms guaranteed with Chapter II of the Constitution.

The Constitutional Court has further clarified why the formation “of vulnerable integrity” diminishes the virtues and freedoms of judges and prosecutors. According to the Constitution, there is a lack of clear and predictable definition.

According to the clarifications provided in the Act, the Court has also assessed the proposed basis for the dismissal of the judge and/or the prosecutor, which is linked to the formation of the vulnerable “integrity”. The indictment explains that cases related to the integrity of judges and prosecutors are generally covered by existing constitutional and legal bases that could result in their dismissal. However, in the application of standards stemming from constitutional principles and international instruments, the formula “has vulnerable integrity”, as the permanent basis for the dismissal of the judge and/or the prosecutor, is marked by the absence of the definition of “cret” and the “predictable”. Moreover, in balancing (i) the principle of the security of the judge's mandate and/or the prosecutor's mandate and the importance of this principle for the independence of the judicial and prosecutorial system, including the independent court and established by law under the definitions of Article 31 [Just for Justice and Inference Rights] of the Constitution in interconnection with Article 6 (E right to a fair process) of the European Convention for Human Rights; and (i) “ <xpictility” and <x10%%x1) of the constitution, including in the context of proposed guarantees necessary for the assessment of the <x128th) assessment of the constitutional rights, such as the constitutional prosecutorate and the constitutions denotating, the constitutions, and the constitutions denotating of the constitutions, and the constitutions, which provide for the constitutional rights of the constitutions, and the constitutions, the constitutions of the constitutions, the constitutions of the constitutions of the constitutions of the constitutions, and the constitutions.