6 hours agoConstitution gives Government Rights for Land for Building Social Centre in Gracanica
Periskopi(15 days ago)
(15 days ago)The Constitutional Court has decided in favour of the Government of Kosovo in the case related to carrying public property to the construction of the residential Centre for persons with autism, Down syndrome, limited ability, adults and the age postponed in Gracanica, praising that the decision is in line with law and public interest.
For this parcel, the Gracanica municipality had complained it affected municipal interests.
Under the indictment, the legal framework of the Republic of Kosovo gives priority to public interest in the cases of carrying public property, while demanding that this property be managed in line with the criteria of legitimacy and transparency. The centre, according to the plan, will be built by the Balkans' “Livings”, while the Government will provide land for 99 years.
The court has clarified that during the hearing, neither side has disputed the existence of public interest in building the residential Centre. Also, it has been found that earlier projects mentioned by the Gracanica municipality for that parcel have not been realised, while a company interested in building a solar park had been attracted by the project.
The rational government has said that building the centre materialises Kosovo's international obligations stemming from the European Convention for Human Rights, the Convention for Child Rights and the Convention for the Rights of Persons with Limited Skills.
As a result, the Court estimated that the public interest in building the facility is clear and incompatible, stressing that the project benefits all parties involved, including the Gracanica municipality.
The court also reaffirmed that local autonomy, although guaranteed by the Constitution, is not absolute and must be exercised in accordance with the Constitution and the laws in force.
In the conclusion, the Constitution found that the Government's decision has been issued within legal competencies and does not violate local autonomy of the municipality. According to her, the project for the construction of the Resident Centre for People With Atticism, Down syndrome, limited skills, adults, and the age postponed not only serves public interest but directly contributes to social protection and realisation of society's most sensitive categories. /Periscope
