Constitution Inside the Envelope

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On October 12, 2014 Justice in Kosovo debated regarding the extension of  the mandate of three international judges of the Constitutional Court of Kosovo.

The verdict on whether the President violated the Constitution in order to extend the mandate to the international judges of the Constitutional Court of Kosovo will be taken in 2016.

Experts and lawyers interviewed by “Justice in Kosovo” said that the Ombudsperson request filed by Constitutional Court to clear up if the President violated Constitution can only be decided in 2016.Currently, 7 lawyers are working on the Constitutional Court, three of them are newly appointed.

According the former judge of the Constitutional Court Gjuleta Mushkolaj the three international judges cannot judge this case because this creates conflict of interest.

“The three decreed lawyers cannot judge this case, it presents conflict of interest, while to judge this case 7 lawyers are needed” said Mushkolaj.

The Ombudsperson filed a request by the Constitutional Court asking to evaluate if the President decree is constitutional.
Sami Kurteshi, Ombudsperson on an interview for “Justice in Kosovo” explained the reasons why he thinks this decision is unconstitutional.

“The decree is not based on the Constitution of Kosovo and this makes it unconstitutional” stated Kurteshi.He listed the cases that he found contradicted the President decree.

The officials of the President office did not comment on the case. They did not even agree to comment on the memo compiled by EULEX officials, which was broadcasted during the “Life in Kosovo” TV program, which showed how the EULEX officers persuaded the President to release this decree.

Even the head of the Constitutional Court, Enver Hasani did not comment on this document, even though on this memo states that EULEX officials consulted him before the decree was released.
According to Mushkolaj:“None of the judges of the Constitutional Court is permitted to give advice”.