Interpretation of the Constitutional Court of Kosovo in relation to Immunity

• Main Author: Murtez Zekolli
• Format: Article
• Language: English
• Published: Danubius University 2018-11-01
• Series: Acta Universitatis Danubius: Juridica
• Subjects: law; state; power; immunity; judiciary
• Online Access: http://journals.univ-danubius.ro/index.php/juridica/article/view/5082/4705

The basic idea of every state which is based in the state of the law, is equality before the law. The essence of democracy is the state of the law. Nobody within a democratic state can not refuse to obey the laws. Democracy is only when the law applies equally to the people in power, the authorities and the citizens. Exemption from the principle of full implementation of the law violates the basic values of society. Immunity is the privilege of high authorities not to account before the law as a protection for the independence of some institutions. The need for this legal guarantee is directly related to the level of independence and neutrality of the judiciary in each state. In some European developed countries, recently social demand has increased in order to reduce immunity. In recent times, in modern countries, there is a need to find a proper balance between the need to protect the independence of constitutional actors and the need for legal control of all powers exercised within the state. The legal loopholes in the rule of law have to deal with increased control over the misuse of official powers.