PDK welcomes the repeal of the Law on the IMC: The time for state capture is ending

The Democratic Party of Kosovo (PDK) has called the Constitutional Court's repeal of the Law on the Independent Media Commission very good news.

PDK, through a statement, said that the Constitutional Court confirmed once again that the outgoing government has violated the Constitution!

"The decision to declare Law No. 08/L-289 on the Independent Media Commission as unconstitutional is clear evidence that the previous government used its parliamentary majority to seize independent institutions, in violation of constitutional and democratic principles," the PDK's response states.

According to the PDK, this is not the first time that the Constitutional Court has struck down a law of this outgoing government. They have governed with this anti-constitutional approach – and they are running away with it.

"PDK welcomes this decision and reaffirms our commitment to guarantee media freedom, institutional independence and the rule of law. The time for state capture is ending," the reaction states.

Otherwise, the Constitutional Court of Kosovo has repealed the Law on the Independent Media Commission (IMC), after finding that some articles of the law are not in compliance with the Constitution of Kosovo.

Read too The Constitutional Court overturns the Law on the IMC

The case was submitted to the Constitutional Court by deputies from the Democratic Party of Kosovo and the Democratic League of Kosovo, but the court has merged these requests into a single case.

The Law on the IMC was approved on July 11, 2024 in the Assembly of Kosovo, without the participation of opposition parties in the vote.

The subparagraphs that were found to be inconsistent with the laws relate to the election of IMC members, the dismissal of the chairman and members of the Commission, the powers of the IMC, the regulation of the ownership of licensees, and several points of the article relating to sanctions and fines.

The applicants for the constitutional review of the Law on the IMC argued that it was adopted without public consultation. The Constitutional Court's decision stated that not only the formal aspects of public consultation are required, but that they must include "substantive debates" regarding all aspects of a legal initiative.

Regarding the parts of the law that spoke about the dismissal of the chairman and members of the IMC, the Constitutional Court found that two subparagraphs, which relate to the criteria for dismissal such as "loss of trust" and that of "violation of integrity" or "biased positions", conflict with Article 7 of the Constitution. /Telegraph/