Decisions from the review session held on 19 November 2019

In the review session held on 19 November 2019, the Constitutional Court of the Republic of Kosovo reviewed and decided on the request for interim measure regarding Referral: 1. KO 203/19.
Below you can read the brief summary of the Court’s decision on interim measure (full text of the decision will be submitted to the parties, will be published on the Court’s website and in the Official Gazette during the following days):

1. Decision on interim measure
Case: KO 203/19
Applicant: The Ombudsperson

The subject matter of the Referral was the constitutional review of Articles 2 (paragraph 3), 5 (paragraph 1, subparagraph 1. 2 and paragraph 2), 10 (paragraphs 1 and 2), 11, 14 (paragraph 5), 15 ( paragraphs 4 and 6), 17 (paragraph 7), 31 (paragraph 3), 32 (paragraph 5), 33 (paragraph 5), 34 (paragraph 16), 35 (paragraph 6), 37 (paragraph 5), 38 ( paragraph 7), 39 (paragraph 11), 40 (paragraph 12), 41 (paragraph 6), 42 (paragraphs 10 and 11), 43 (paragraph 13), 44 (paragraph 4), 48 (paragraph 9), 49 ( paragraph 6), 52 (paragraph 7), 54 (paragraph 6), 67 (paragraph 11), 68 (paragraph 8), 70 (paragraph 8), 71 (paragraph 8), 75, 80 (paragraph 4), 83 (paragraph 18) and 85 of the Law No. 06/L-114 on Public Officials, published in the Official Gazette of the Republic of Kosovo, on 11 March 2019, and which entered into force six ( 6) months after its publication in the Official Gazette.
The Applicant alleged that the challenged Articles are not in compliance with paragraph 2 of Article 132 [Role and Competencies of the Ombudsperson] of the Constitution of the Republic of Kosovo.
In his Referral, the Applicant also requested that the Constitutional Court to impose interim measure for “immediate suspension of the challenged provisions, namely Articles 2 (paragraph 3), 5 (paragraph 1, subparagraph 1.2, paragraph 2), 10 (paragraphs 1 and 2), 11, 14 (paragraph 5), 15 (paragraphs 4 and 4); 17 (paragraph 7), 31 (paragraph 3), 32 (paragraph 5), 33 (paragraph 5), 34 (paragraph 16), 35 (paragraph 6), 37 (paragraph 5), 38 (paragraph 7) , 39 (paragraph 11), 40 (paragraph 12), 41 (paragraph 6), 42 (paragraphs 10 and 11), 43 (paragraph 13), 44 (paragraph 4), 48 (paragraph 9), 49 (paragraph 6) , 52 (paragraph 7), 54 (paragraph 6), 67 (paragraph 11), 68, (paragraph 8); 70 (paragraph 8), 71 (paragraph 8), 75, 80 (paragraph 4), 83 (paragraph 18) and Article 85 of the Law No. 06/L-114 on Public Officials, or at least suspension of the application of these provisions in relation to the Ombudsperson”.
The Referral was based on paragraph 2, sub-paragraph 1 of Article 113 [Jurisdiction and Authorized Parties] and paragraph 2 of Article 116 [Legal Effect of Decisions] of the Constitution; Articles 22, 27, 29 and 30 of Law (No. 03/L-121) on the Constitutional Court, and Rules 32, 56, and 57 of the Rules of Procedure of the Constitutional Court.
– The Court, without prejudice to the admissibility or the merits of the Referral, in accordance with Article 116.2 of the Constitution, Article 27 of the Law on the Constitutional Court and Rule 57 of the Rules of Procedure, unanimously decided:
I. TO APPROVE the interim measure until 28 February 2020, from the date of adoption of this Decision;
II. TO IMMEDIATELY SUSPEND the implementation in entirety of Law No. 06/L-114 on Public Officials, in the same duration.