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21.2.2017

Constitutional Court decides to grant Interim Measures concerning the Law on Minor Offences according to Ombudsperson’s referral

Constitutional Court has notified today responsible parties on imposing of Interim Measures and immediate suspension of implementation of Articles 55 (paragraph 4 and 5), 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67 and 68 of the Law No. 05/L-087 on Minor Offences, as a response to Ombudsperson’s referral submitted on February 10, 2017.

In the assessment done to this referral by the Constitutional Court, among others is stated that: “The Court considers that the facts and allegations presented by the Applicant throughout the Referral raise a set of constitutional level questions which exhibit significant complexities and potential consequences in the administration of the justice system in the Republic of Kosovo [...]”

Furthermore, “[...] The Court concludes that the implementation of the Law
No. 05/L-087 on Minor Offences of 8 October 2016, which entered into force in January 2017, more precisely the disputed Articles 55 (paragraphs 4 and 5), 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, and 68, can potentially cause unrecoverable damage to the affected citizens of the Republic of Kosovo[...]”

By the end of the assessment that the Constitutional Court does to Ombudsperson’s referral related to the Interim measure, is given that “the Court considers that the questions raised in the Referral, are of such an importance for the protection of fundamental rights and freedoms guaranteed by the Constitution and for the proper administration of the justice system, that addressing them prior to the implementation of the challenged provisions of the challenged Law, is in the public interest[...]”

Decision on Interim measure of the Constitutional Court regarding assessment of the constitutionality of Articles 55 (paragraph 4 and 5), 56, 57, 58,59,60,61,62,63,64,65,66,67 and 68 of the Law No. 05/L-087 on Minor Offences, in its full form is published on Constitutional Court’s official web page here
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