The AJK welcomes the Constitutional Court's overturning of the IMC Law

The Constitutional Court announced this Wednesday that it has repealed Law 08/L-289 on the Independent Media Commission, after finding that some of its articles are in conflict with the Constitution of Kosovo.

"The Court found that Law No. 08/L-289 on the Independent Media Commission should be repealed and the same should be reviewed based on the findings of the Judgment," the press release states.
Some of the violations found relate to the method of selecting members, dismissing the chairman, the competencies of the IMC, and others.

The Kosovo Journalists Association, together with media lawyer Flutura Kusari, had submitted the opinion requested by the Court on this Law, and welcomes the decision to repeal it, believing that a new law is needed, with broad public debate and involvement and in line with European standards, respecting the recommendations of the Council of Europe.

The main part of the violation notice is this:

The Court, unanimously, decided (i) to declare the claims admissible; and (ii) to find that subparagraphs 1.2 and 1.3 of paragraph 1 of Article 15 (Election of the Members of the IMC) of the contested Law are not in compliance with Article 141 [Independent Media Commission] of the Constitution; (iii) to find that subparagraphs 3.4 and 3.5 of paragraph 3 of Article 18 (Dismissal of the Chairperson and Member of the IMC) of the contested Law are not in compliance with Article 7 [Values] and Article 141 [Independent Media Commission] of the Constitution; (iv) to find that subparagraphs 2.4 and 2.5 of paragraph 2 of Article 4 (Competences of the IMC), paragraph 5 of Article 25 (Broadcasting License and their Renewal) and paragraph 2 of Article 43 (Regulation of Ownership of Licensees/Registrants) of the Contested Law are not in compliance with paragraph 1 of Article 7 [Values] of the Constitution; (v) to find that points 1.2.1 and 1.2.24 of subparagraph 1.2 of paragraph 1 and points 1.3.5 and 1.3.6 of subparagraph 1.3 of paragraph 1 of Article 60 (Fine Sanctions) of the Contested Law are not in compliance with paragraph 1 of Article 7 [Values] of the Constitution; (vi) to find that the contested Law is repealed; and (vii) to reject the requests for interim measures.