Miftarian: The constitution has been delayed in handling the KKP Law, given the number of cases it deals with

Miftarian: The constitution has been delayed in handling the KKP Law, given the number of cases it deals with

The director of the Kosovo Institute for Justice (IKD), Ehat Miftaraj, has said the Constitutional Court has not been delayed in addressing the Law for the Kosovo Prosecutorial Council, taken on the basis of the number of cases this institution deals with. Miftaraj has said that he takes into account that the Constitutional Court accepts substance from the legislative institutions, the same [...]

Miftaraj has said that he takes into account that the Constitutional Court accepts substance from the legislative institutions, same ones are accepted by citizens.

Taking on the importance of this Law, Miftaraj says the Constitutional Court has handled the same one in time.

“We like IKD don't understand why the justice minister thinks the Constitutional Court has been delayed nine months in handling the requirement for law enforcement for the Kosovo Prosecutorial Council. It is true that it has taken nine months and, of course, for the Constitutional Court, it can be said that this case has been dealt with by wind acceleration if we take other cases into account. We need to know that the Constitutional Court is overloaded with materials, and besides the materials coming from the authorised parties at the level of institutions as they are; The Assembly, the Government or the Ombudsman, means there are thousands of subjects coming from Kosovo citizens. With the very fact that we're talking about a reform in the prosecutorial system, we can say very competently that the Constitutional Court has handled this subject within a reasonable deadline of”, he said.

Miftaraj has also given the reasons why the Constitution has overturned the KKP Law. According to him, the Ministry of Justice has failed to send stable comments on this Law.

It is true that when the Law has been addressed with civil society, it has been drafted with co-operation with international partners. It is true that at some point, where the Law has been cancelled, we have had some minor differences but that then they could be argued by the Ministry of Justice in sending the answer to the Constitutional request. We must have it clear that the main part of what the Law has been brought down has ceased the mandate of KKP members”, Miftaraj said, while citing the Venice Commission's opinion.

The Venice Commission, with this case in its opinion, had made it clear that the Venice Commission in principle never agrees with the interruption of the mandate of independent institutions with the particular KPS and KKP's emphasis in different countries, but that in the case of Kosovo it had made exceptions for reasons we know, and those unfortunately that the Kosovo Prosecutorial Council in the last 7-8 is not in a position to exercise competencies with independent responsibility and right”, he has said.

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