The State Chief Prosecutor's election is confirmed: Prosecutor Fazliu filed constitutional request for assessment of court's judgments

President Osmani's media adviser, Bekim Kupina, has announced to Telegrafi that the Office of the President of the Republic of Kosovo through a letter has been announced by the Constitutional Court that an individual request by one of the counter-Candids has been submitted to the process of electing the chief prosecutor.

The December 23rd 2022 Act of the Supreme Court of the Republic of Kosovo, which links with the process of selecting the head of state”, Kupina has said.

The Constitutional Court has submitted this request to prosecutor Albanian Fazliu. His lawyer, Flaron Sylejmani, has confirmed this for Telegrafi.

Sylejmani has said he was violated by constitutional rights prosecutor Fazliu, the right to fair and impartial judgment respectively, law enforcement in legal means etc.

You confirm that within the previous deadline, we have filed a request to assess the constitutionality of the Supreme Court's justice, No.114/2022, the decision of the Court of Appeals a.r.650/2022 and the Constitutional Court in Pristina.1875/22. With these jurisdictions and court rulings of regulations, Mr. Albanian Fazliu, the right to fair and impartial judgment respectively, law enforcement etc.”, has declared attorney Sylejmani.

He further added that regular courts have violated the procedure's provisions, as well as by incorrectly implementing Article 27, paragraph 1 of the administrative conflict law specifying that <x0Media appears within 30 days, since the date of the handover of the final administrative act pairs”

“Actually we have estimated that in this case, I had to find implementation Article 28, paragraph 2 of this law, which stipulates that “if the indictment was not handed over to the court, but the other not competent body, as it reaches the court after term to submit the indictment, will be considered to have been presented over time if its presentation to this body was due to the non-knowing or open error of the exhibitor<2>.

Wrongly interpreting Article 28, paragraph 2, the Court has violated material rights, namely Article 4 of the same law that stipulates:

“in the administrative conflict competent court decides on the basis of constitution and laws”, regarding Article 31, paragraph 1 and 2 of the Constitution of the Republic of Kosovo:

This rate is in line with guaranteeing constitutional rights and rights defined at international conventions, so as not to be punished/citizens due to an open error and to ensure the right to judge fair and this fundamental human right”, Sylejmani said.

Prosecutor Sheldon Fazliu's lawyer has further said they have estimated that the open <x0 malpractice does not result from ignorance or issuing our deadline, but from the unified nature of this practice (the President) by the Constitutional Court, so we consider it to have been long-term and exercised within the legal term”.

Sylejmani has said that they expect the Constitutional Court to decide in favour of the motion put forward.

The KKP at the 214th meeting, by unanimous vote, has appointed prosecutor Besim Kelmendi, the duty of chief state prosecutor.

Kelmendi's election had been made after the end of the seven-year constitutional mandate of the current head of state, Alexander Lumez, who was appointed to this position on 21 April 2015.

On April 6th, the Kosovo Prosecutorial Council (KPK) unanimously voted Blerim Isufajn for this position, while the decree for decree now remains in the hands of President Vjosa Osmani.

This process has prompted numerous reactions, with the NGO coalition: IKD, GLPS and the FOL Movement have called the proposal for Isufaj's appointment as chief prosecutor unacceptable and have proposed that the contest be repeated.

The British Embassy, the German Embassy and the European Union Office in Kosovo have reacted to this process, expressing disappointment with the process.

President Osmani has not so far decided on decreeing or not by prosecutor Blerim Isufaj in the position of chief state prosecutor, while the task leader is Besim Kelmendi.