Resolution

Constitutional review of Article 11 paragraph 1, Article 32 paragraph 1 and 2, Article 34 paragraph 2 and Article 38 in conjunction with Articles 11, 32 and 34 of Law on Ombudsperson No.03/L-195 of 27 August 2010 and the request for interim measure

Case No. KO 148/11

Applicant: Ombudsperson of the Republic of Kosovo

The Applicant has requested the annulment of the Article 11 paragraph 1, Article 32 paragraph 1 and 2, Article 34 paragraph 2 and Article 38 in conjunction with Articles 11, 32 and 34 of the Law on Ombudsperson No.03/L-195.

The Applicant considers inter alia that the Law on Ombudsperson No. 03/L-195 contains provisions which evidently infringe on its constitutional independence provided for in Articles 132 and 133 of the Constitution, Based on these facts it results that the Referral of the Ombudsperson regarding the assessment of the compatibility of some Articles of the Law on Ombudsperson with the Constitution of Kosovo and the request for imposing an interim measure are out of time as they have been filed after the expiry of deadline of 6 months “from the day upon which the contested act enters into force” prescribed in Article 30 of the Law on the Constitutional Court of the Republic of Kosovo (Law No. 03/L-121), therefore the Referral is declared inadmissible

Applicant:

Ombudsperson of the Republic of Kosovo

Type of Referral:

KO - Referral from state organisations

Type of act:

Resolution

Referrals is filed out of time

Type of procedure followed before other institutions :

administrative