Ombudsman: Parliament violated the Law for the Judicial Council

This is after Judge Besnik Bislimaj, who had been competing for a member of the KDP, is claiming that the drafter of laws has violated the Law for the Kosovo Judiciary Council itself, KICS reports. COSOVA.

Everything had started on March 28th of 2022, when the Parliament announced a competition for a KDP member, as under the Constitution it is the responsibility of the legislature for two of the nine members of this council to be elected by them.

The session for selecting a KDR member was held ten months after the competition was declared and two candidates were in the race: Faithful Bislimaj and Alban Ajvazi.

At the January 18th 2023 session, 46 deputies voted for Besnik Bislimaj, another 25 for Alban Ajvaz, but the Parliament found that neither of them received enough votes to elect a member of the Kosovo Judiciary Council.

The vote would be repeated at the February 2nd session, where Bislimaj would get 26 votes for, while his 7th counter-Candidate.

However, even in the second round, the Parliament found that neither of the candidates garnered the votes needed to join the Judiciary Council. Therefore, the February 2nd, 2023 Convention, decided to repeat the contest.

However, the findings did not satisfy Bislimaj, who five days later, on February 7th, indicted the legislature at the Constitutional Court in Pristina, on the grounds that this decision is illegal.

On his side Bislima also has the ombudsman. On 21 June from this institution, a legal opinion was sent to the Kosovo Assembly, in which this institution finds that the Constitution of Kosovo, on which the decision of the Assembly is based, regulates only the question of the composition of the KDP, but not even the procedure of electing members of this institution.

According to the Ombudsman, the procedure of proposal, election and dismissal of KDP members is regulated through the Law for the Kosovo Judicial Council, exactly Article 10, paragraph 9, in which Bislimaj's complaint and indictment are based.

The ombudsman estimates that this provision avoids blocking the election of KDP members from the Parliament, subsequently, affects the functioning of KDK, as an organ providing for the independence and impartiality of the judicial system, arguing that the Assembly should be based on this law.

In disrespect of this provision, the ombudsman concludes that the Assembly has denied Bislimaj the right to be a member of the KDP and negatively influenced the principle of division of powers.

In the end, the ombudsman considers that the Assembly should play an active role in exercising its competencies in the direction of functioning organs of other powers, whose functioning depends on its actions, should not, by its actions, Kuwait, be represented as the blocker of organ function and institutions that include other state powers.