The Constitutional Court of the Republic of Kosovo took a Decision today regarding assessment of the Constitutionality of the proposed amendments to the Constitution of Kosovo in cases KO29/12, submitted on 23 March 2012, and KO48/12, submitted on 4 May 2012. The Referrals were submitted by the President of the Assembly of the Republic of Kosovo.
The Referrals were joined and dealt with together due to the subject matter. The amendments submitted by the President of the Assembly to the Court on 4 May 2012 subsumed those submitted on 23 March 2012.
The proposed amendments to the following Articles were found by the Constitutional Court to appear to diminish the human rights and freedoms guaranteed by Chapter II of the Constitution and are therefore incompatible with it:
1. The proposed new Article 85.2 (Regarding the restricting of the right to be a candidate for President only to those citizens who were permanent residents of the Republic of Kosovo for five years)
2. The proposed new Article 86.3 (Regarding nominations for the office of the President of Kosovo - in so far as it applies only to parliamentary political entities which have passed the electoral threshold in the last election)
3. The proposed new Article 90.5 (2) (Regarding the restriction of the power of an Acting President to declare a State of Emergency)
4. The proposed new Article 90.5 (3) (Regarding the restriction of the power of an Acting President to appoint Judges and Prosecutors)
5. The proposed new Article 90.5 (5) (Regarding the restriction of the power of an Acting President to grant pardons)
6. The proposed new Article 104.1 (Regarding the suspensive veto of the President on appointing Judges of the regular courts)
7. The proposed new Article 114.2 (Regarding the suspensive veto of the President on appointing Judges of the Constitutional Court)
8. The proposed new Article 162.1 (Regarding the early termination of the mandate of the President of the Republic of Kosovo)
The full Decision of the Court will be served on the parties, posted on the website of the Court and published in the Official Gazette of the Republic of Kosovo in due course.
KI 111/12Constitutional Review of the Decision of the Conditional Release Panel MD/PLK No02/12 dated 29 May 2012
02.05.2013KI 95/12Constitutional Review of the Order C- III-12-274 of the Special Chamber of the Supreme Court of Kosovo, dated 23 August 2012
02.05.2013KO 97/12Constitutional Review of Articles 90, 95 (1.6), 110, 111 and 116 of the Law on Banks, Microfinance Institutions and Non-Bank Financial Institutions, No. 04/L-093, of 12 April 2012.
18.04.2013KO 97/12DISSENTING OPINION of Judge Almiro Rodrigues
Constitutional Review of Articles 90, 95 (1.6), 110, 111 and 116 of the Law No. 04/L-093 on Banks, Microfinance Institutions and Non-Bank Financial Institutions, of 12 April 2012
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