| Basic information | Substance of the ruling | Accessibility of the case and further relevant links | |||||||
| Date | Name of the case (or case number) | The body delivering the decision | Keywords, topic | Executive part | Brief summary | Full text | Page at the website of the issuing court | Page in other databases | Unofficial materials, press communications |
| May 5. 2020. | Ruling 61/2020. | Constitutional Court of Kosovo | Freedom of movement; separation of powers | The Constitutional Court of Kosovo confirmed the constitutionality of governmental decisions to classify certain towns as quarantine zones; however, the minor administrative offences and their sanctions linked to the quarantine regime should be prescribed by a law rather than a governmental decree. | The Constitutional Court of Kosovo heard complaints against four decisions of the Government to classify certain Kosovar towns as quarantine zones. The claims argued, that these decisions violate freedom of movement and separation of powers enshrined by the Constitution of Kosovo, as these measures should have been rendered by the Parliament rather than the Ministry of Health. The Constitutional Court held, that the law dully authorized the governmental authorities to enact special measures to combat the Covid-19 pandemic, and individual decisions on the classification of certain towns as quarantine zones were based on this authorization. However, the Ministry of Health overstepped its competence when it regulated minor administrative offences applicable during the public health emergency, and also the sanctions envisaged. As a consequence, these provisions of the ministerial regulations were unconstitutional. | https://gjk-ks.org/wp-content/uploads/2020/05/ko_61_20_agj_ang.pdf;
https://gjk-ks.org/wp-content/uploads/2020/05/ko_61_20_agj_srb.pdf |
https://gjk-ks.org/en/decision/vleresim-i-kushtetutshmerise-se-vendimit-nr-214-iv-2020-te-12-prillit-2020-te-ministrise-se-shendetesise-per-shpalljen-e-komunes-se-prizrenit-zone-karantine-dhe-vendimeve-nr-2/ | https://ohrh.law.ox.ac.uk/kosovos-constitutional-court-finds-covid-19-measures-unconstitutional/ | |
| April 6. 2020. | Ruling 54/2020. | Constitutional Court of Kosovo | Freedom of movement; separation of powers | The Constitutional Court of Kosovo held, that the Government of Kosovo were not authorized to adopt restrictions on freedom of movement on the state level, such measures should be rendered by a law enacted by the Parliament. | The claimants argued, that the decision of the Kosovar Government to limit freedom of movement between 10.00-16.00, and 22.00-06.00 meant unconstitutional limitations on freedom of movement and also is in conflict with the constitutional framework of separation of powers. The Constitutional Court held, that the Government overstepped the scope of its extra-ordinary authorization provided by law when adopted lockdown measures for the territory of the whole country. Such measures should be implemented by laws adopted by the Parliament rather than governmental regulations, therefore, the Constitutional Court annulled the challenged governmental orders from the effect of 13 April 2020. Instead of adopting a law by the Parliament, the Government started to enact individual decisions to classify certain towns as quarantine zones, which led to a second constitutional court ruling from this matter (61/2020). | https://gjk-ks.org/wp-content/uploads/2020/04/ko_54_20_agj_ang.pdf | https://ohrh.law.ox.ac.uk/kosovos-constitutional-court-finds-covid-19-measures-unconstitutional/ | ||