The government challenged the Constitutional decision, KDI: Haxhiu intervened in independence of judicial system

The government challenged the Constitutional decision, KDI: Haxhiu intervened in independence of judicial system

Kosovo's Democratic Institute has asked the Kosovo government not to challenge the Constitutional Court's decisions, as the latter declared the law for the Kosovo Prosecutorial Council invalid on Friday. KDI through a media communique said the Constitutional decisions are binding and must be implemented without reservation. “Duke [...]

KDI through a media communique said the Constitutional decisions are binding and must be implemented without reservation.

“Being the sole insistence on interpretation of law constitutionality, Constitutional Court decisions are mandatory for all institutions, so they must be implemented without reservation. In that spirit, the host of institutions would not have to be released in comment or contesting constitutional decisions”, the communique said.

The Constitutional decision has disputed the day after Justice Minister Albulen Haxhiu, throwing charges against the highest instance on legislative and executive power in Kosovo, it would have consequences even on the democratic rule of law in the country. KDI says it represents interference in the independence of the judicial system and violates the constitutional principle of power sharing.

However, after publishing the Court's announcement concerning the KPK bill, Justice Minister Albulen Haxhiu, by means of a media conference, has adjourned the Court's announcement, questioning not only the contents of the decision but also its until now non-publishing. Such an executive approach to public contesting judicial decisions -- we estimate that it represents interference in the independence of the judicial system, but it also violates the constitutional principle of division, balance and control of powers”, the communiqué says.

KDI has asked Executive Officials “to refrain from any comment or public challenge of Constitutional decisions”.

“After the publication of the full trial, the executive should take into account all of the judges' remarks, during the potential drafting of the new KPK bill. Respecting constitutionality and the principle of separation of powers in democracy should be encouraging for all institutions in the country”, the communique says.

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