Demarkation could be sent to Constitutional Court

There is a possibility that demarcation will be sent to the Constitutional Court, if any of the MPs claim there were violations in the agreement.
Doubt over the Constitutional jurisdiction to deal with the issue has cast the connoisseur of the Constitution, Riza Smaka. He has said that the demarcation has not yet taken a definite form, and as such, the Constitution should not have dealt with the issue.

He has declared that in the Constitution, it could only be addressed if other legal instruments related to the issue were taken.

The “should not be in the realm of the Constitutional Court as jurisdiction. Basically, the Constitution does not determine who could or could not, but if there were no other legal instruments, complaints, requests for repeated procedure, implementation of legitimacy, then it would be considered that the authorised subject for initiative would be addressed by the Constitutional Court. But since this has not taken a definite form, it has not touched no Constitution, but neither the law, can the Constitutional Court show properly, or what should, without having the final document”, Smaka said.

According to him, demarcation is the issue of the Parliament, and MPs can vote on their own. But, he has said, the Constitution does not set limits, so even the Constitutional Court is not competent to address the issue.

The Constitutional Court would not have to take this case even if it should be taken by anyone who is not the matter of the Constitution, the constitution is not affected, but the law. Whether the law is enforced or not is not the word to be touched by the Constitution. Although the Constitutional Court would not have to deal with this case because it is not its case, the Constitution does not set limits, but are legal cases and those cases are resolved by the court for regular competency. It would have no jurisdiction to address this issue. This is the assembly-parliamentary issue”, he has expressed himself.

Unlike Smaca has been declared for “Indeconline” political connoisseur Mazum Baraliu.

He has said the Constitution allows that if someone thinks Kosovo is being violated, he can head to the Constitutional Court.

The “can be sent to the Constitution, it is the right of any party that considers any civil rights violated and here is the paragraph two of Article 2 of the Constitution where Kosovo's sovereignty and territorial integrity are said to be incompatible and protected by all means of the constitution and laws in power. Thus, if this right is violated, this provision to protect sovereignty as either a political subject or an institution, MPs from Parliament have the right to take such initiative”, he has said.

According to Baraliu, the initiative towards the Constitution can take place before the demarcation goes to the Parliament, but also after it.