- The Constitutional Court
The Constitutional Court of the Republic of Kosovo has decided Case KO 155/14 on 13 November 2014. The Referral was submitted by the Ombudsperson.
The Constitutional Court informs that in none of the cases decided by the Court until today, it has never had a problem with its quorum, which means that every time and in each case that the Court has decided it has had the required quorum.
In respect to the abovementioned Case KO 155/14, the Court reiterates that it has never had a request from any judge to declare the case admissible, and as such with the lapse of the ten days time limit the decision has become final and binding.
A request for recusal from the discussion has been submitted by Judge Robert Carolan a day before the ten days period elapsed but it arrived at the Office of the President of the Court after the decision was published. Thus, the judge has not followed the required procedure by law.
In this respect, the Court in its sessions of January-February 2015, did not make any statement because Judge Robert Carolan didn’t make any remarks.
On 26 February 2015, the Ombudsperson has filed a Referral whereby he requests the review of the same subject matter as in the previous case, which has been registered under No. KO 22/15. Judge Robert Carolan has once again submitted a request for recusal from discussions, this time addressing it formally, as is required by law, to the President of the Constitutional Court, Prof. Dr. Enver Hasani.
This Referral will be reviewed at the first next session of March 2015 and on this shall be informed all the parties involved and the general public.
Any interpretation which is being made in public for alleged forgery and so on, it only tells of other purposes behind this and not of understanding the internal procedures of the Constitutional Court and the constitutional justice in overall.
The Constitutional Court wishes to underline the fact that since its establishment until this day, all Resolutions on Inadmissibility (which are in thousands) have the same front page without exception, which has nothing to do with the signatures of the Judges and alike.
The latest statements made by certain institutions of the Republic of Kosovo represent a direct pressure towards the independence of the Constitutional Court of the Republic of Kosovo and blackmail toward its work.
As until now, the Constitutional Court will remain firmly independent in fulfilling its constitutional duties and obligations.
The Court reassures the general public that it shall not step back from performing its constitutional duties regardless of the pressure and blackmail that is being done.