Decision

Constitutional Review of Articles 18, 19, 41 and 60 of the Law on Health, No. 04/L-125, adopted by the Assembly of the Republic of Kosovo on 13 December 2012.

Case No. KO 131/12

Applicant: Dr. Shaip Muja and 11 Deputies

Applicants claim that, inter alia, the Law on Health contains provisions that puts healthcare employees in unequal positions to employees of other public institutions and thus in unequal position with employees of other public institutions before the law,”
The Applicants request to evaluate compliance of Articles 18, 19, 41 and 60 of the challenged law with the Constitution of the Republic of Kosovo, The Applicants further request the Court to impose interim measures suspending the implementation of the Law until the Court makes the final decision on this Referral, In order to avoid the possible violation of the public interest and constitutional guaranteed right to a health protection, the Court considers that there are grounds for interim measures for a limited duration, In order to avoid violation of this right guaranteed by the Constitution, the Court reiterates the need to impose interim measures for a limited duration, Therefore, without prejudging the final outcome of the Referral, the request of the Applicant for interim measure is granted, and unanimously is decided to grant interim measures for a duration until 31 January 2012 from the date of adoption of this Decision and to suspend the implementation of the Articles 18, 19, 41 and 60 of the Law on Health, No, 04/L-125, of 13 December 2012, for the same duration

Applicant:

Dr. Shaip Muja and 11 Deputies

Type of Referral:

KO - Referral from state organisations

Type of act:

Decision

Article 49 - Right to Work and Exercise Profession

Array

Type of procedure followed before other institutions :

administrative