Kurti government holds record for violating the Constitution, some laws brought it down

Today marked 17 years by the adoption of the Constitution of the Republic of Kosovo, the country's highest legal and political document. However, this fundamental act has been repeatedly violated, especially during the V Legislate The IIIth of the Kosovo Assembly, which turns out to be one of the periods with the largest number of constitutional violations.

During this legislature, the Constitutional Court has had an important role in preserving and defending constitutional order, making a series of decisions that assert the incompatibility of certain laws and decisions with the Constitution, reports the “Justice Vowing“, followed. Periscope.

Since the constitution's entry into force and the establishment of the Constitutional Court, every government and legislature has contributed to violating constitutional provisions, through the adoption of laws and decisions that have emerged outside the provisions defined by the Constitution and contrary to it. However, Government run by Movement V SEVEN! and Prime Minister Albin Kurti, and so does the VIIIth Legissance, hold the record for the largest number of laws that have been recorded as incompatible with the country's highest legal act.

In some cases, the Constitutional Court found violations of the Constitution completely overturning certain laws and decisions contrary to the Constitution. In some other cases, the Court's decisions led to partial annulment of provisions that did not comply with constitutional standards, while on a number of issues, it found there were no constitutional violations, thus confirming the constitutionality of the laws and decisions of the Parliament.

The Kosovo Assembly, even on the 17th anniversary of its adoption of the Constitution, continues with constitutional violations, with the failure to comply with the Law on the Salat in the Public Sector.

The constitutional control that the Constitutional Court has made of acts initiated for constitutional evaluation has resulted in constitutional violations of the Government and the Parliament in several cases.

According to KK, specific laws proposed by the Government and adopted by the Parliament have not been in line with the form of governance and power sharing, are not in line with values, equality before the law, with the right to legal means and judicial protection, and that specific decisions of the Parliament have exceeded its competence in terms of parliamentary supervision.

A summary of violations recorded in certain laws and decisions

The Constitutional Court overturned the whole Law aimed at reform at the Prosecutorial Council. The Law was declared contrary to the Constitution. The government and the Assembly took no note at any moment of the remarks of the Venice Commission and civil society. The Constitution also brought down the Law for the Bureau for Confiscating Unjustified Riches.

Partly, targeted reform of public administration collapsed. Some provisions of the Law on Salat in the Public Sector and Law for Public Officials were declared contrary to the Constitution of Kosovo.

The Assembly was asked that by August 1st, 2024, it makes the changes required by the Constitutional Court for the Criminal Law in the Public Sector, but so far no request has been addressed, subsequently on this anniversary, Kosovo's Assembly continues to fail to implement the Law Act on the Salaries, violating the rights of over 90 thousand public officials. This inaction constitutes serious violation of the Constitution and exacerbates the socio-economic situation of a large number of citizens. In the absence of implementing this act, public officials have the right to seek compensation through judicial indictments, which could bring more than 90,000 indictments and a financial burden to the state budget, estimated to reach 35.7m euros.

As mentioned in the Kosovo Institute for Justice (IKD) report: “Constitution in government”, and now after the end of the VIII legislature, the latter is what has largely produced anti-unconstitutional.

The court also knocked down 90% The Law for Independent Supervisor Council for the Kosovo Civil Service.

In all, the Law on the Co-ordination Measures of Basic Products was brought down at Special Destabilisation in the Market, the decision on the dismissal of eight members of the Kosovo Radio Television Board, and the decision of the Assembly to sack the Board of Procubing Organisers.

The court overturned the Parliament's decision to sack five members of the Independent Council for the Kosovo Civil Service, as well as to bring down the Parliament's decision on the dismissal of RTK Board members.

The Constitutional Court assessed that they are in line with the Constitution: The Law for Taxation in the Albanian Property, the call of the July 13th 2023 session by the Speaker of the Parliament and the decision on the dismissal of members of the Board of the Railways Regulatory Authority, the Law for General Elections, the Parliament's decision on the dismissal of a member of the KPK, the Act of Sustainable Investments, the Law on Change and Admission of Laws establishing the Most Beneficiates at the Minimal Parliament and the Taxation of the Individuals, the Kosovo Council's Admission of the Council <x0, the Law for the General Elections and Elections.

The Law for Pension Schemes, the Law for Public Officials, the Law for the Independent Commission for Media, the Law for the Kosovo Prosecutorial Council, the Parliament for the Path of the University of Pristina “Hasan Pristina” and the Law for the Sovereign Fund.

16 laws adopted at December 5th session in review procedure at Constitutional Court

Due to violations of the procedure followed by the adoption of 16 laws and the contents of a law, the Democratic Party of Kosovo (PDK) handed over 16 laws adopted at the Kosovo Assembly on December 5, 2024.

According to the PDK, in addition to the procedure followed, the Law for State Bureau for Verification and Confiscating of Inexcusable Riches has also been contested on content.

16 Conflicted Laws: The law on social and affordable housing, the Law on Force for Health Insurance, the Law for State Bureau for Verification and Confiscating of Infesive Property, the Law for Change and Meeting of the Law on Accounting, Financial Reporting and Auditing, the Law for Bank, the Law for Central Inspectation for Market Supervising, the Law for Change and Meeting of the Law for Free Money Clearing, and Combating Terrorism Funding, the Law for Paying Services, the Law for State Advision Testing Law, the Mediterranean Games <xtowr> (2030).

In this legislature, Kosovo President Vjosa Osmani has returned for review to the Parliament two recently adopted laws: The Law for the Kosovo Security Council and the Consumer Protection Law. The first law was rejected because of the elimination of provisions regulating the Council's functioning during the state of emergency, where provisions do not include regulations regulating the functioning of the Council during the state of emergency, creating judicial vacuum which impedes institutions of the Republic of Kosovo that are part of the Council's protection of national security, public security and the rights of its citizens in situations when the state of emergency was declared, while the second law was returned due to concerns concerning its negative impact on environmental protection and the health of citizens.