Cases in which a Constitutional Judge and President role can be dismissed

Cases in which a Constitutional Judge and President role can be dismissed

The Constitutional Court has reacted after last night's statements by President Osmani to Judge Radomir Lyban. The Constitution has said Laban has been employed in this institution since 2011 and that from August 9th of 2018, he exercises the duty of the judge after he has submitted to all constitutional and legal procedures. [...]

The Constitution has said Laban has been employed in this institution since 2011 and that from August 9th of 2018, he exercises the duty of the judge after he has submitted to all constitutional and legal procedures.

The procedures for the dismissal of judges are reportedly “clearly defined” in the Constitution.

What does the Constitution say?

In Article 118 for the Constitutional Court, the Constitution says judges can be dismissed by the president with a proposal of 2/3 of the Constitutional Judges “only” for committing serious crimes or serious contempt of duties.

“Nini 118 [Designment]-The Constitutional Court judges can be dismissed by the president of the Republic of Kosovo with the proposal of two-thirds (2/3) of the Constitutional Court judges, only for committing serious crimes or for serious contempt of duties. ”

Laban has remained two years to complete the mandate

Radomir Laban the post of Constitutional Judge exercises it from August 9th of 2018.

The Constitution says judges are appointed by the president with the assembly's proposal for a nine-year term, without the possibility of continuing.

“The judges are appointed by the president of the Republic of Kosovo, with the Parliament proposal, for a nine-year term, without the possibility of continuing”, the Constitution says.

So, Laban will be judge by 2027.

Osmani withdrew the application to the Constitutional, cause Ljubljana:

President Vjosa Osmani has announced yesterday that she has withdrawn the request made to the Constitutional Court to clarify the consequences of the non-compliance of Kuwait within the 30-day deadline.

She said at a media conference that she withdrew the application submitted on July 22nd due to Radomir Lyban, who said that the rapporteur's “has been appointed to its request. He, as Osmani said, poses “risk for national security”.

I have made this as an immediate response to the already confirmed information that as a reporting judge in this request Judge Radomir Lyban, for whose dangerous activity in 2018, 2021 and 2024, our security institutions have submitted clear and official information. According to these information, which in the 1920s and 2024s have also been shared with the Constitutional Court, this judge poses a danger to the national security of the Republic of Kosovo and is committed to activities against the constitutional order of the Republic of Kosovo”, she said.

Osmani said that “is deeply concerned about how a judge for whom security institutions have officially delivered information that risks the state, to be allowed to determine the fate of our constitutional order”. /Periscope/

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