Acting Minister of Justice Albulena Haxhiu has sharply criticized the latest ruling of the Constitutional Court of Kosovo, calling it a serious concern and accusing the court of exceeding its constitutional authority.
Speaking at a press conference, Haxhiu claimed that the Constitutional Court has “usurped” the powers of the Assembly, emphasizing that it is the deputies who decide whether a vote should be open or secret. She also questioned the basis of the decision, asking, “Where has the Court ever seen voting take place three times?”
“With full respect for the constitutional order, for me, the announcement of the Constitutional Court represents a serious concern because it is a flagrant overreach of its powers,” Haxhiu stated. “According to the Constitution, the Constitutional Court is the highest institution for interpreting the Constitution and ensuring its implementation. However, some parts of this ruling do not derive from the Constitution and are not foreseen in any article, neither in the Constitution nor in the Rules of Procedure of the Assembly.”
Haxhiu further accused the Court of creating a new legal norm not found in any legal framework, saying this goes beyond its interpretative role.
“The Court has taken away the competencies of the Assembly. Deputies decide if the voting is open or secret. Where has the Court seen voting three times? The Constitutional Court does not foresee open or secret voting, so why did it impose an open vote? This creates a new rule that does not exist anywhere,” she said.
Haxhiu warned against politically motivated constitutional interpretations, stressing that the Ministry of Justice will decide on its next steps once the full ruling is published.
“You cannot interpret the Constitution of the Republic of Kosovo based on personal desires or political momentum. As for our response after the publication of the Constitutional Court’s judgment, you will find out when the time comes,” she concluded.
