Kurti Government Laws are ending up in Constitutional, Miftaraj: Lack of Learning Experience

The five laws adopted in the Kosovo Assembly are currently under consideration at the Constitutional Court for Salaries in the public sector, the Law for State Bureau for Verification and Confiscating of Inexistable Riches, the Law for Public Officials and the Law on the Co-ordination Measures of Founding Products in Special Trade Destabilisation Cases have ended in Constitutional claims that they are at odds with the constitution.

The number of decisions sent by the opposition for assessment to the Constitutional Court is considerably higher in this legislature, in relation to preliminary legislatures, says Ehat Miftaraj of the Kosovo Institute for Justice. In a pronouncement to Telegrafi, he stated that since this is the constitutional possibility belonging to MPs, in itself the initiative of laws in the Court cannot be considered something negative.

“, on the other hand, not in a few cases, the Government and the Parliament have not respected the Constitution on the case of passing laws”, Miftaraj said, adding that this legislature is among the legislatures that have had the most negligible approach in relation to the country's Constitution. “Should underline the Law for the Kosovo Prosecutorial Council, which has been declared against the constitutional, or even the draft bills in the process, such as the new KPK Law Change Bill, Law Change Bill for the Independent Queen of Overseers, Project Criminal Code and Criminal Procedure Code, etc.

He said that, unfortunately, there have been anti-religious laws that have been adopted in the Assembly, which are not initiated for assessment at the Constitutional Court. This is the law through which the Free Juridical Assistance Agency has been politicised, introducing itself under the umbrella of Justice Ministry”, Miftaraj said.

On the other hand, in these troubled cases, it is the fact that until the Constitutional Court's ruling, the pending laws are automatically suspended. On these occasions, according to Article 43.3. The Constitutional Court Law, the Constitutional Court, is obliged to decide within 60 days”, he said, underlining that this deadline has not been implemented by the Constitutional Court.

In this direction, except for the efficiency of the Constitutional Court, the Law itself is considered problematic, so that in these cases, 10 or more MPs can automatically, without a Constitutional Court's decision for provisional measure, suspend access to the law until the moment of deployment by the Constitutional Court's”. He criticised the Kurti Government, saying there is a lack of expertise in drafting politics and political will to consult and take comments from civil society, interest groups and international partners on the basis. So, he said that, on the basis of that, sending laws into the Constitutional constitution should be seen as a good opportunity to ensure that these are in accordance with the Constitution and principles promoting human rights and freedoms.

Prime Minister Albin Kurti has also been declared to one of the government's meetings for submitting laws from the opposition to Constitution. Before the government cabinet, he has said with these actions the opposition is hampering reforms in specific areas.

The executive head has yet to add that he cannot remember that so many laws have been submitted to the Constitutional Court for such a short time. All three laws (Biro) along with ceiling prices have been submitted to the Constitutional Court by the opposition. The KKP law has even more than six months in treatment. In the history of the state of Kosovo, it is not remembered that so many laws have been disputed. Despite this dedication, our greatest zeal will not stop. Today we are taking the next step with the Anti-Corruption Strategy”, Kurti has indicated.