Haxhiu: Constitutional Court exceeded its powers, launch procedure to dismiss Laban

Kosovo’s acting Minister of Justice, Albulena Haxhiu, stated that the decision of the Constitutional Court is a cause for serious concern, arguing that the Court exceeded its powers and took away the competences of the parliament. At a press conference, Haxhiu called for the initiation of a procedure to dismiss Constitutional Court judge Radomir Laban, whom she claims was involved in criminal activities and poses a “threat to the constitutional order of Kosovo.”

She said that the Constitutional Court had taken away the parliament’s competences, since it is the MPs who decide whether voting will be public or secret.

Regarding the Court’s decision that a candidate can be voted for a maximum of three times, she asked:

“Where has the Court ever seen voting three times?”

“Full respect for the constitutional order. For me, the Constitutional Court’s notice is a matter of serious concern because it is an overreach of the Court’s powers. According to the Constitution itself, it is stated that the Constitutional Court is the highest institution interpreting the Constitution and the guarantor of the respect for the Constitution of Kosovo, but some of the points in the operative part do not derive from the text of the Constitution and are not provided for in any article—neither in the Constitution nor in the Rules of Procedure of the Assembly. The Court took away the competences of the Assembly; it is the MPs who decide whether voting is public or secret. Since the Constitution does not stipulate either secret or public voting, why did it say public? The Court created a new norm that exists nowhere. This operative part goes beyond the interpretative role of the Constitutional Court,” Haxhiu said at the press conference.

She pointed out that the Constitution cannot be interpreted arbitrarily or according to political circumstances.

“What our move will be after the publication of the Constitutional Court’s ruling, you will learn when the time comes,” Haxhiu said.

She also stated that Serbia has never given up its attempts to destabilize Kosovo and obstruct its development.

“Recently, our security and intelligence institutions have achieved great success in documenting Serbia’s espionage and sabotage activities in Kosovo. One case was concluded with a conviction because the accused himself admitted guilt. Serbia has historically used, and continues to use, agents to expand its influence in every neighboring country, and especially in Kosovo. Among those examples is the case of Radomir Laban,” Haxhiu said.

Haxhiu called for the initiation of a procedure to dismiss judge Laban, whose appointment as a reporting judge in this case led President Vjosa Osmani to withdraw the request she had submitted to the Court.

She claimed that Laban had been involved in criminal activities and poses a “threat to the constitutional order of Kosovo.”

“Laban is suspected of being a collaborator of the BIA. He was involved in criminal activities and corruption, for which he was sentenced to six years in prison. A major enigma remains both his appointment and his continued tenure as a judge of the Constitutional Court. Laban has very close ties with the main terrorist, Milan Radoicic,” Haxhiu stated.