Constitutional Court

The Applicants challenge the constitutionality of Articles 18, 19, 41 and 60 of the Law on Health, Nr, 04/L-125, adopted by the Assembly of the Republic of Kosovo on 13 December 2012, In their referral, the Applicants challenge Article 41 of the Law on Health, which in paragraph 1 prohibits every health professional, employed in any institution of the public health, including those working part time, to work in private institution, The Applicant has requested imposition of interim measure of the suspension of the implementation of the Law, until the final decision of the Court on this Referral, On 24 December 2012, the Court approved the Applicant’s request for interim measure and SUSPENDED the implementation of Articles 18, 19, 41 and 60 of the Law on Health until 31 January 2013, On 7 March 2013, the Court held the hearing session, where were invited the Applicant and the parties in the proceedings, Taking into account the arguments presented by the parties during the proceedings and after reviewing the challenged provisions of Articles 18 and 19 of the Law on Health in light of these arguments, the Court finds that the Applicants did not substantiate their claim as to the alleged incompatibility of Articles 18 and 19 with the Constitution, The Court concludes that there is nothing in the Articles to imply that there is a breach of the Constitution, With regard to Article 60 of the Law on Health, the Court notes, as became evident during the public hearing, that the allegations raised by the Applicants are based on the text of Article 60 of the Draft Law that consequently changed, The Court, therefore, finds that the Applicants’ arguments in respect of the alleged incompatibility of Article 60 with the Constitution are not relevant, In view of the above considerations, the Court finds that Articles 18, 19, and 60 of the Law on Health adopted by the Assembly on 13 December 2012 are compatible with the Constitution, The Court, on 15 March 2013, decided to declare that Articles 18, 19 and 60 of the Law on Health, No, 04/L-125, of 13 December 2012, are compatible with the Constitution of the Republic of Kosovo; Article 41 paragraphs 1, 5 and 6 of the Law on Health, No, 04/L-125, of 13 December 2012, are incompatible with Article 49 [Right to Work and Exercise Profession] of the Constitution of the Republic of Kosovo; Article 41 paragraphs 1, 5 and 6 of the Law on Health, No, 04/L-125, of 13 December 2012 is invalid, Holds that the Court’s Decision Extending the Interim Measures of 24 January 2013, suspending the implementation of Articles 18, 19,41 and 60 of the Law on Health, No, 04/L-125, of 13 December 2012, is terminated upon the entry into force of this Judgment;