a minute agoThe Constitution gives the opposition the right: RTK Board Download in Conflict With Constitution
Periskopi(3 years ago)
(3 years ago)The Constitutional Court has concluded on Tuesday that the Kosovo Assembly's decision on July 8th 2021 to dismiss the Kosovo Radio Television Board is not in line with the Constitution, but the decision has no backward effect and does not affect third parties' rights. On July 8, 2021, the Kosovo Assembly [...]
The Constitutional Court has concluded on Tuesday that the Kosovo Assembly's decision on July 8th 2021 to dismiss the Kosovo Radio Television Board is not in line with the Constitution, but the decision has no backward effect and does not affect third parties' rights.
On July 8th 2021, the Kosovo Assembly fired the RTK Board consisting of Sali Basota, Agron Gashi, Lirim Geci, Fadil Miftari, Ilir Bytyci, Bajram Medic, Petrit Musoli and Albinot Maloku. The dismissal was followed by sharp criticism from the opposition, which accused power of trying to politically capture public television. Opposition deputies had taken the case to the Constitutional.
The court, according to the announcement, has unanimously decided to declare the request by MPs for the Acceptable RTK Board and “reject the provisional motion requirement regarding the effects of the controversial” decision.
“While, with five votes for and two votes against, the Court has decided to state that the verdict [in Mr.08] -V-036 of July 8th, 2021 of the Republic of Kosovo's Parliament for the dismissal of all members of the RTK Board is not in compliance with Article 1 and Article 7 [Vlerat] and Article 9 of the Constitution's 65 [Cultiary Conclusions]; and the Supreme Conception, respectively, the Court Act, has no backward effect and no effect on the rights gained by third parties”, it is said in the statement.
The opposition has claimed that the dismissal of the RTK Board two years ago was made contrary to the competence of the Kosovo Parliament, which the Constitution has confirmed.
The decision will not affect RTK's new Board. But the dismissed board has the right to follow the relevant procedures in regular courts, according to the Constitutional announcement.
The Constitution has argued that by December 2022, when the next judge was decreed, there was no quorum of decision making.
