Five laws in Constitutional, power accuses opposition of trying to block reforms

The Kosovo government and the majority in the Assembly are accused of adopting laws that are contrary to the country's Constitution. According to the Democratic Party of Kosovo (PDK), the executive has turned into the biggest violator of the Constitution, already at the Kosovo Institute for Justice (IKD), say that there are serious constitutional problems in the government-sponsored laws. On the other hand, the ruling party criticises the opposition for using the Constitutional Court's mechanism to block reforms being undertaken by the government.

The chief of the PDK parliamentary group, Abelard Tahiri, says of Kosovo Press, that the opposition is winning any battle with power at the Constitutional Court.

He cites the fall of the Law for the Prosecutorial Council and the Law for Public Officials, who, according to him, testify to the ongoing ignorance and damage the government is doing to Kosovo.

According to him, the Law on Property Tax is also unconstitutional and, as such, will fall from the institution.

“You already understand how many battles as opposition we've won in relation to these ignorant people at the Constitutional Court. These are they who are ignorant and evil. Doing such an act that directly violates the independence of the local level of municipalities should be either foolish or very ignorant. Once you consciously do such an act that is unconstitutional then it's like it's different than being stupid. If they've done it unconsciously, these are ignorant because the basic things a government needs to day, they don't know”, Tahiri says.

Meanwhile, researcher at the Kosovo Institute for Justice (IKD), Naim Jakaj, says of KosovoPress, that this legislature in the Assembly has mostly laws submitted to the Constitutional Court.

He adds that the Kosovo government is not drafting laws in accordance with the constitution and international standards.

This legislature has mostly laws submitted to the Constitutional Court and laws that the Constitutional Court has largely overturned... As for content how the government is writing in IKD reports, we have recorded constitutional problems of writing these laws. Suppose the Law for Independent Civil Supervisor Council, the Law for Eliminating, or the Integration of Independent Agencies, where the Free Juridical Assistance Agency entered under the umbrella of the Ministry of Justice. Such a law has not been submitted by the opposition, but the law contains constitutional shortcomings and is not in accordance with the Kosovo Constitution... We consider that the government is not drafting laws in accordance with the constitution and international standards. This has also been noted in the Venice Commission reports”, he declares.

But the opposite is said by LV deputy Adnan Rrustemi, who is also chairman of the Parliament's Parliamentary Commission.

He criticises opposition parties for trying through the Constitutional Court mechanism to block reforms initiated by the Kurti Government.

The opposition's “Motive is on two points, the first to delay specific government reforms. Sending to the Constitutional Court is taking a long period of review, eventually the final judicial act on the compliance of a law with the Constitution of Kosovo. On the first level, they are aiming to make governance difficult by delaying reforms. The second motive is completely incriminating, I would say in the sense of protecting the individual and group interests they have. Remember, when the opposition disputes it to the Constitutional Court, the Law for the Bureau for verification and seizure of unwarranted property is not denying that there are differences with content because it has made no criticism of content, but is simply countering the idea of a bureau. So it is formally countering content but its goal is to prevent verification and confiscation of unwarranted property. The question that should be posed is why are you against it? This according to logical reading is that during their official rule, ministers, former ministers, deputies and mayors have become millionaires, being public officials”, Rrustem points out.

Currently, the Law on Salaries in the Public Sectors is under consideration in the Constitutional Court, the Law for the State Bureau for Expositing and confiscating Unjustable Property, the Law for Temporary Measures of Basic Products in Special Market Destabilisation Cases, the Law for the minimum wage, and the Law on Property Tax.

The Constitutional Court months ago has overturned the Law for the Prosecutorial Council, until it recently abolished several important provisions of the Law for public officials.

Kosovoress asked the Constitutional Court when there is expected to be decision-making for other laws, but the same did not answer.