Constitutional publishes full justice to overthrow Law for Kosovo Prosecutorial Council

The Constitutional Court, following the assessment of the Law based on the demands of MPs from the Democratic Party of Kosovo and the Democratic League of Kosovo, stressed that some provisions of this law have been assessed in disagreement with the Kosovo Constitution.

According to the Constitutional decision, the law conflicts with provisions of the Constitution for the Formation of Governance and the Separation of Power, the Assembly Compensities, the Role of the Ombudsman, Equality before the Law, and Article for the Prosecutorial Council.

After consultations on incompatibility with the Constitution, the Constitutional Court has declared Law No.08/ L-136 for Change and Fulfilling Law No. 06/ L-056 for the Kosovo Prosecutorial Council.

In the Constitutional decision, the request, said, has been submitted by Abelard Tahiri, Elmi Recica, Ganimetie Musliu, Enver Hoxhaj, Ferat Shala, Blerta Deliu-Codra, Bekim Haxhiu, Floret Zejundu, Isak Shabani, Rashit Qalaj and Hajdar Beqa, deputies of the Kosovo Republic Parliamentary Group of the Democratic Party of Kosovo, which represents lawyer Faton Fetah.

In turn, the KO1 0122 request has been submitted by Arben Gashi, Armend Zemaj, Avdullah Hoti, Agim Veliu, Rzazarta Krasniqi, Besian Mustafa, Hikmete Bajrami, Vlora Doshumi, Valentina Bulnjaku, Anton Kuni and Marija Geci, as well as deputies of the Parliamentary League of Democratic of Kosovo, who represent MP Armendi Zemaj.

It says that presurgeons, in the case of KO100/22, have recorded the constitutionality of nines 13, 16, 18 and 20 of Law No.08/ L-136 for Change and Fulfilling Law No.06/ L-056 for the Kosovo Prosecutorial Council, approved with the decision of the Assembly [inr.08] June 23, 2022.

While, pre-advisors of the motion in the case of KO10122, have recorded the constitutionality of the Law in its entirety.

The object of the question of requirements is the assessment of the constitutionality of the controversial Law provisions, for which pre-decisives and requirements claim they are not in compliance with the articles: 4 [The Force of Governance and the Partition of the Power], 16 [Establishment of the Constitution], 24 [Barazia before the Law], 32 [The Rights for Effecting Tools], 45 [The Electoral Rights and Participation], 54 [The Law of Rights], 109 [Religious Commission], and 110 Kosovo Constitutional Council of the Republic of Kosovo.

In addition, predeceivers of the requirements have asked the Constitutional Court to impose temporary measures, suspend access to power and implementation of the controversial Law, until the final deployment of the requirements by the Court.

Requests are based on Article 5 - 113 [Juridision and Authorized Pales] and Article 2 paragraph 116 [The Landing Effect] of the Constitution, on Article 22 (Procedure of Request), 27 (Summonal Measures), 42 (Requisition stipulation) and 43 (Afflictions) of the Law No. 03/L-21 for Constitutional Court of the Republic of Kosovo and Rules 32 (Presenting requests and responses) and 74 (Requirement to Article 113.5 of the Constitution and Article 42 and 43 of the Law) of the Court's work regulation, No. 012018 (in the next text: Work order.

“Presenters of this request claim that articles 13, 16, 18 and 20 of the controversial Law are not in agreement with the articles: 4 [The Foundation of Governance and the Partition of Power], 24 [Environment prior to Law], 32 [Kosovo Code of Effects], 45 [Cirtizen Rights and Participation], 54 [Religional Rights of Rights], 109 [ State Prosecutor], and 110 [Kosovo Prosecutorial Council] of the Constitution<1> were said in the ruling.

You can read the whole Constitutional Act: THESE.

Otherwise, the Assembly of the Republic of Kosovo at the plenary session, held on 23 June 2022, had second-read approval, the Bill on Change and Fulfill of the Law for the Kosovo Prosecutorial Council.

While, on July 1st 2022, the two opposition parties -- the Democratic Party of Kosovo (PDK) and the Democratic League of Kosovo (LDK) -- have sent the Law for the Prosecutorial Council to the Constitutional Court, demanding the latter interpretation of the legality of this law.

Even the Kosovo Prosecutorial Council has been declared against this law, as they say it seriously violates the independence of this constitutional body.