Constitutional Judges Won't Be Submissioned to Self-Surge

The failure to include judges of the Constitutional Court in the property process, connoisseur of the justice system argues that the Constitutional Court is the new court, seen in the constitution and established by a separate law.

The Veting process in the government-led justice system was carried to the Assembly late last year. The ad-hoc Commission for Development of the Economic Rating Process was formed for preparing the legal basis for self-using and management.

The legal framework is expected to be finalised this year. This paves the way for the launch of the veto to be subjected to judges and prosecutors, but not even the Constitutional judges.

In neighbouring Albania, self - sacrifice had also affected the constitutional judges. This practice is rare and unnecessary for Kosovo, says lawyer Ehat Mittaraj from the Kosovo Institute for Justice.

“Veting also for the Constitutional judges has been characteristic of Albania. But in Kosovo that makes no sense because the judges of the Constitutional Court do not have permanent mandates such as fair judges and prosecutors. They are appointed by the Kosovo Assembly through a process that is largely guided by the Assembly. Thus, it is meaningless to develop a property process for a certain number of Constitutional Court judges with a maximum mandate of 9x1>, Miftaraj said.

For his part, university professor, simultaneously former Constitutional Court Judge Kadri Kryeziu, says constitutional judges can submit to the latest veto, as has happened in many countries.

For no involvement now are two situations; first, the Constitutional Court is the new court in relation to other courts in the country. And the second is that the Constitutional Court is not within the Law on Kosovo's legal system, but is founded by special law or “lex-specialis”. For that reason it may be delayed, but later constitutional judges also have to submit to the property process”, he said.

The failure of constitutional judges in vetoing is mentioned in the concept of the document developing the Vetting process. It says, among other things, that <x0venting for the judges of the Constitutional Court would mean profound changes in the Constitutions or suspensions of constitutional provisions that speak of the composition, mandate, independence and organisation, the result of which would be the improvement of the Constitutional Court, but the impasse of it”. /rtk