Constitutional Court

The Applicant filed the Referral based on Article 113,7 of the Constitution of the Republic of Kosovo, claiming that he had functional immunity for all actions and decisions that he took as Minister of Health in the Government of the Republic of Kosovo and they were in accordance with the applicable law in Kosovo, Therefore he cannot be criminally prosecuted, The applicant also claims that the confirmation of the indictment was made public and this damaged his reputation, thus violating his human dignity, Furthermore, the Applicant requests from the Court to impose interim measures suspending the criminal proceedings against him in the regular courts, until the final adjudication of the referral, The Court in this case found that, at this stage, it is within the regular courts’ competencies to collect and assess the evidences, and to decide whether the acts and decisions taken by the Applicant fall within the scope of the Minister of Health, which is protected by functional immunity and to adjudicate accordingly, Therefore, without prejudice to any further decision to be made by the Court on admissibility or on the merits in the future, it decided to reject the request for Interim Measures