The President of the Republic of Kosovo, Madame Atifete Jahjaga has taken the decision today to return to the Assembly of Kosovo the Criminal Code of the Republic of Kosovo for review, Code No. 04/L-082, approved at the plenary session of the Assembly of Kosovo on 20 April 2012, and accepted in the Office of the President of the Republic of Kosovo on 4 May 2012.
Based on the powers of the President of the Republic of Kosovo, according to Article 84 item 6 of the Constitution of the Republic of Kosovo, the decision for review of the Penal Code was made after it was evaluated that Article 37 and Article 38 of the Criminal Code are in complete contradiction with Article 40 and Article 42 of the Constitution of the Republic of Kosovo, which regulate the freedom of expression and the freedom of media as well as with Article 22, item 2 of the Constitution of the Republic of Kosovo, which obliges the fulfillment of the European Convention for the Protection of Human Rights and Fundamental Freedoms and its Protocols.