The Constitutional Court of the Republic of Kosovo has ruled that a provision in the Statute of the Hospital and University Clinical Service of Kosovo (ShSKUK), approved by the Government and signed by Prime Minister Albin Kurti, is unconstitutional.
The judgment, published on Wednesday, declares that paragraph 1 of Article 11 of the statute violates Articles 51, 7, and 92 of the Constitution of Kosovo, as it restricts citizens’ rights to healthcare services.
The statute, approved in January 2024, was challenged by the Federation of Health Unions through the Ombudsperson. The Ombudsperson argued that the statute excludes mental health care services from the list of secondary healthcare services provided by general hospitals—contradicting Law No. 05/L-025 on Mental Health and limiting constitutional rights.
According to the Court’s ruling:
- General hospitals must continue providing mental health care until the government amends the statute.
- The Government of Kosovo is ordered to revise Article 11 to comply with the Constitution and existing legislation.
- The exclusion of psychiatric services from the statute unlawfully narrows access to mental health care.
The decision emphasizes that constitutional rights to healthcare must be regulated by law, not restricted by government regulations. The ruling also reaffirms that the executive branch can only issue regulations in accordance with the Constitution and laws.
This case was supported by MP Armend Zemaj, the President of the Federation of Health Unions, and the President of the Kosovo Medical Chamber, while the Prime Minister’s office defended the statute.
Key takeaway: The Constitutional Court has reinforced that mental health care is an integral part of citizens’ healthcare rights and cannot be excluded from hospital services by government decree.
