Decision

Constitutional Review of Articles 14 (1) 6, 22, 24, 25 and 27 of the Law on Rights and Responsibilities of Deputies, No. 03/L111 of 4 June 2010

Case No. KO 119/10

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Summary

The Applicant has submitted a referral to assess the constitutionality of Articles 14(1)6, 22, 24, 25 and 27 of the Law on Rights and Responsibilities of Deputies, He alleges that these articles of the abovementioned law enable members of the Kosovo Assembly to realize pensions which are more favourable than any other retirement benefit for other citizens, and they are not in compliance with constitutional order upon principles of democracy, equality, non-discrimination and social justice, Finally, the Ombudsperson requested interim measure in order to suspend implementation of this law until the case is decided based on its merits, The Constitutional Court decided to grant interim measures for a period of three months, by immediately suspending the implementation of the disputed law on the grounds that the Applicant have put forward enough convincing arguments that the implementation of the challenged provisions of the law may result in unrecoverable damages and that such an interim measure is in the public interest

Applicant:

The Ombudsperson of the Republic of Kosovo

Type of Referral:

KO - Referral from state organisations

Type of act:

Decision

Violation of constitutional rights

Article 3 - Equality Before the Law, Article 7 – Values, Article 74 - Exercise of Function

Decision on interim measure

Type of procedure followed before other institutions :

Civil