Osman opposes Kurt, returns the constitution to a new law, to the Security Council.

Osman opposes Kurt, returns the constitution to a new law, to the Security Council.

The president of the Republic of Kosovo, Vjosa Osmani, has ruled, with which she has returned to the Assembly, the Law for the Security Council of the Republic of Kosovo, which was adopted on October 31st 2024. In the decision made by the president, which the decision has provided “Justice Trust” within the Kosovo Assembly, it is said [...]

In the decision made by the president, which the decision has provided “Justice Trust” within the Kosovo Assembly, it is said that this law envisions abolishing Law No. 03/L-050 for the establishment of the Kosovo Security Council.

In reasoning, the president points out that the Law adopted by the Parliament has removed all provisions of the preliminary law, with which the mandate, functioning, competencies and composition of the Council in a state of emergency, arguing that in the absence of another law in power regulating this area, the functioning of the Security Council during the state of emergency remains completely unregulated, directly endangering the national security of our state and creating legal vacuum in the arrangement of the Council's office of extraordinary security.

The president in her decision has also mentioned that the Law in question contradicts Article 125 (2) and Article 127 (3) of the Constitution of the Republic of Kosovo.

According to the President, not including provisions regulating the functioning of the Council during the state of emergency creates legal vacuum.

As a continuation of opposition to the Constitution, Article 131 (8), of this law, the president also highlights the issue of the Council's rule of office during the state of emergency, saying that paragraph 8 of this article specifically stipulates that the Council of Security of the Republic of Kosovo will be governed by the president of the country, as if regulated by law.

The president has reminded the Parliament even that in the Constitutional Court's act of (KO34/19), the Assembly is obliged to take into account the spirit of the Constitution and the scope of constitutional institutions.

Osman in her decision has also listed the consequences of legal gaps in the Law for the Security Council, saying that the adoption of a new law that creates legal vacuum in just one area that is exclusively connected with restricting human freedoms and rights conflicts with standards and practice created by the Constitutional Court.

Under these circumstances, the president of the Republic of Kosovo, Vjosa Osmani, has returned it for review of the Republic of Kosovo's Assembly, Law No. 08/L-287 for the Security Council of the Republic of Kosovo, with the aim of including the chapter, which regulates the functioning of the Security Council during the state of emergency.

Regarding the return of this Law to review, “Justice Trust” has sent questions to the Kosovo Assembly to understand also what actions were taken by this institution after the paperwork was accepted and contacted the voices of the Parliament, but until the publication of this news we have received no answer.

According to the Kosovo Constitution, the Assembly is now obliged to review the bill and review the President's comments and recommendations. The Assembly, with the majority of votes of all MPs, decides for the adoption of the law returned by the president of the Republic, and the relevant law is considered declared.

Following the Consumer Protection Law, this is the second time President Osmani uses the right to return laws to the Assembly for review during her term as president.

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