Constitutional Court

The Referral is based on the Article 113.7 of the Constitution, Articles 46, 47, 48 and 49 of the Law no. 03/L-121 on the Constitutional Court of the Republic of Kosovo (hereinafter: Law), and Rule 56 (2) of Rules of Procedure of the Constitutional Court of the Republic of Kosovo (hereinafter: Rules of Procedure), On 31 May 2012, the President of the Republic of Kosovo, through her legal representatives, filed the referral with the Constitutional Court of the Republic of Kosovo, The President of the Court, on 6 June 2012, appointed Judge Altay Suroy as Judge Rapporteur, and the Review Panel composed of: Snezhana Botusharova (Presiding), Ivan Čukalović and Enver Hasani, The President of the Republic of Kosovo “challenged the constitutionality of the voting process in approving the Law no. 04/l-084 on pensions of members of the Security Force”, which by decision of the President of the Republic of Kosovo was returned for review of the Assembly of Kosovo:, On 15 March 2012, the Law no. 04/L-084 on “Pensions of members of the Kosovo Security Force, The President of the Republic of Kosovo has proposed a new paragraph to the Article 27 of the Law on pensions of KSF Members, as the following:, “In case of absence of public means, the Government may impose cuts on benefits received as per the present law, in the manner of preventing financial instability of Kosovo.”, The functional Committee on Internal Affairs, Security and Oversight of Kosovo Security Force declined adopting the amendment as proposed by the President of the Republic of Kosovo, On 3 May 2012, the President of the Assembly rendered a decision, thereby acknowledging that “1. The Assembly has not adopted the amendments to the Law no. 04/L-84 on Pensions of the KSF Members, as proposed by the President of Kosovo”. Further, he noted that: “Law no. 04/L-84 on Pensions of Kosovo Security Force members shall remain as approved by the Assembly of Kosovo on 15th of March 2012, and it is hereby deemed to have been promulgated.”, The Constitutional Court noted that the President of the Republic of Kosovo has raised two issues, as the following:, 1. Has there been a violation of the competency of the President to return the law for review, provided upon by Article 84, paragraph 6 of the Constitution of the Republic of Kosovo?, 2. Has there been a violation of Article 80, paragraph (4) of the Constitution of the Republic of Kosovo by the voting/approval process on the Law on Pensions of the Security Force members?, Following review of procedure, the Court unanimously decided that the referral is admissible, The competencies of the President of the Republic of Kosovo to return adopted laws for reconsideration, as provided by Article 84.6 of the Constitution, based on the facts presented in this Judgment, have not been violated;, Based on the above, the Article 80.4 of the Constitution of the Republic of Kosovo has not been violated by the voting/approval process on the Law no. 04/L-oB4 on “Pensions of Kosovo Security Force members”