Kosovo’s President, Vjosa Osmani, has issued a decision to return the Law on the Security Council of the Republic of Kosovo to Parliament for further review, following its adoption on October 31, 2024.
In her decision, which was obtained by “Betimi për Drejtësi” within the Kosovo Assembly, President Osmani explains that the new law proposes the repeal of Law No. 03/L-050, which established the Security Council of Kosovo.
Osmani argues that the newly adopted law omits important provisions regarding the functioning of the Security Council during states of emergency. In the absence of a law regulating the Council’s operations in such situations, the functioning of the Security Council during emergencies remains unregulated, which poses a direct risk to the national security of Kosovo and creates a legal void.
She further points out that the law in question contradicts Articles 125(2) and 127(3) of the Constitution of Kosovo. According to the President, the lack of provisions addressing the Council’s function in times of emergency creates a legal vacuum.
Additionally, Osmani criticizes Article 131(8) of the new law, which states that the Security Council will be headed by the President of the Republic, as it is intended to be regulated by law. The President reminded Parliament of the Constitutional Court ruling (KO34/19), which obliges the Assembly to ensure that all laws passed align with the spirit of the Constitution and respect the constitutional scope of institutions.
She emphasized that the legal gaps in the Security Council Law, particularly in an area related to limiting individual freedoms and human rights, contravene the standards set by the Constitutional Court.
Given these issues, President Osmani has returned Law No. 08/L-287 to the Kosovo Assembly for further review, with the intention of adding a chapter that specifically addresses the functioning of the Security Council during states of emergency.
Following the return of the law, “Betimi për Drejtësi” sent inquiries to the Kosovo Assembly to understand what actions have been taken since receiving the President’s request, but no response has been provided as of the publication of this report.
Under the Kosovo Constitution, Parliament is now obligated to review the bill and consider the President’s comments and recommendations. With the majority of votes from all deputies, Parliament will decide whether to approve the revised law, after which it will be considered enacted.
This marks the second time that President Osmani has used her constitutional right to return a law to Parliament for review during her presidency, following her action regarding the Law on Consumer Protection.
