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Press release

03.09.2013

On 3 September 2013, the Constitutional Court of the Republic of Kosovo decided case KO 108/13 concerning the request to assess the constitutionality of the Law on Amnesty, No 04/L-209, as regards its substance and the procedure followed for its adoption.

The referral was submitted to the Court on 19 July 2013, by Ms Albulena Haxhiu and 12 other deputies of the Assembly of the Republic of Kosovo.

The Constitutional Court decided the following:

1.    Unanimously, to declare the Referral admissible;

2.    Unanimously, to declare that the procedure followed for the adoption of the Law on Amnesty, No. 04/L-209, is compatible with the Constitution of the Republic of Kosovo.

3.    By majority, to declare that the Law, No. 04/L-209, on Amnesty as to its substance is compatible with the Constitution with the exception of the following articles: 1.1.10 (Destruction or damage to property),    1.1.11 (Arson), 1.1.15.10 (Falsifying documents), 1.1.15.11 (Special cases of falsifying documents), 1.2.5 (Damaging movable property), 1.2.9.7 (Falsifying official documents), 1.3.1 (Damaging another person’s object), 1.3.5.6 (Falsifying documents) and 1.3.5.7 (Falsifying official documents);

concerning the following criminal offences:

–    of the Criminal Code of the Republic of Kosovo (Official Gazette of the Republic of Kosovo no. 19/13, 2012) articles: 333 (1), 334 (1), 398, and 399 (1) 1.1, 1.4;

–    of the Provisional Criminal Code of Kosovo (UNMIK Regulation no. 2003/25 of the date of 6 July 2003, Official Gazette no. 2003/25, and UNMIK Regulation no. 2004/19 amending the Provisional Criminal Code of Kosovo) articles: 260 and 348;

–    of the Criminal Law of SAPK (Official Gazette no. 20/77, and the UNMIK Regulations 1999/24 and 2000/59 On the Law Applicable in Kosovo) articles: 145, 203, and 216.

The decision of the Court will be served in due course on the parties, posted on the website of the Court and published in the Official Gazette of the Republic of Kosovo.

The Constitutional Court of Kosovo was established in January 2009.

With its authority to review legislation and individual complaints of rights violations, the Court is the ultimate check on legislative and executive power in Kosovo and the final arbiter of the meaning of constitutional provisions enshrining human rights and freedoms.

"Perandori Justinian", nr. 44. 10000 Prishtina, Republic of Kosovo

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© The Constitutional Court of Kosovo