a few seconds agoFehmi Memeti complains at Appeals for failing to determine security measures for the governor's election process
Periskopi(3 years ago)
(3 years ago)Kosovo Central Bank Governor Fehmi Mehmeti has filed complaints with the Court of Appeals against the Constitutional Court's decision in Pristina, which has rejected his proposal for the appointment of a security measure. By this measure, Mehmet had demanded that the BEC and the Government of Kosovo be detained [...]
According to Governor Mehmeti, failing to establish this move does not prejudge anything in terms of decision-making regarding his candidacy involvement in the process of electing the Governor. “The Founding Court in Pristina has rejected my proposal as governor of the Central Bank of Kosovo only in terms of setting up the security measure, assessing that conditions under Article 297 of the Contestimate Procedure Law have not been met at this stage. However, this ruling does not prejudge my request as a candidate for Governor, as the court itself has given it in the published verdict, the court to assess whether not to include my name on the list of elected candidates has been illegal and should make a comprehensive assessment of evidence, which cannot be done at this stage of procedure. The court not prejudged the merit assessment of this case, has estimated that conditions have not only been met in terms of the provision of security, without prejudice of the process and my right as a candidate to be part of the process for Governor”, has said of “JusticeBetim for” Governor Fehmi Mehmeti.
In Mehmet's complaint to the Court of Appeals, it is said that on February 10th, 2023, he had filed indictments and requests for postponing the execution of the panel's administrative Act for selecting candidates to meet the position of governor of the Central Bank of Kosovo on January 31st, 2022, which has been addressed to the Kosovo Assembly. On February 15th of this year, the Constitutional Court in Pristina -- the Department of Administrator Affairs -- has taken over the decision, by which it was declared incompetent in a painful way, and has stressed that full competence to decide in this case regarding the amendments' request has the Department General of the Foundation Court in Pristina. According to the complaint, such a conclusion is completely wrong, so they have also filed complaints with the Court of Appeals for several reasons.
“S first, the Constitutional Court cites a set of provisions that refer to the diplomatic foreign service, which, in the concrete case, have no connection with the complainers' claims and in no way include the status or domain for which the indictment has been filed and the request to postpone execution on the part of the complainers. The complainer is currently the governor of the Central Bank and is aiming to proceed for another mandate in the position in question. So the same cannot be considered a member of the diplomatic foreign service, positions these entirely different from the object of the contest. Second, the Court has also wrongly applied the Law for Public Service and the Law for Public Official. The same is the case with Central Bank officials, such as the complainers, or only officials, whose legal relationship is regulated by special laws, without providing clarifications on which legal acts regulate the status of these people”, says Mehmet's complaint.
On the other hand, he has explained that in the concrete case, he as a complainer is a senior public servant and his working relationship is regulated by the Civil Ministry Law and the Law for Public Officials. If otherwise, then the Law for Public Officials would expressly rule out that the same is not applicable to Central Bank employees as set out in Article 3, paragraph 5 of the Law for Public Officials Where the application of law to Kosovo Intelligence Agency” is expressly excluded.
According to Mehmet, it is vital to understand that acts of the Central Bank of Kosovo constitute administrative acts and the same can only be challenged in administrative conflict, since the General Department has no competence to cancel an administrative act that was issued by a Central Bank college.
Governor Fehmi Mehmeti has also applied for a mandate, passing the stage of the assessment, so that in the interview phase it is ranked fifth with 26 points (the same points with the fourth candidate Shk everyoneja Himaj), yet Mehmet is not included on the list of elected candidates who, according to Article 38 of the Central Bank Law, refer to the Government of the Republic of Kosovo for thought and selection, for which he has chosen legal ways to reject.
