The 2014 decision is not consistent with the existing text of the Constitution

The 2014 decision is not consistent with the existing text of the Constitution

Kosovo President Hashim Thaci has already been declared as regards the mandate for forming the Government, stressing that the Constitutional Court's 2014 decision will be implemented. According to him, this decision clearly states that election winner, in this case the coalition PAN, it's a government formation warrant. Yet, the connoisseur of constitutional matters, [...]

According to him, this decision clearly states that election winner, in this case the coalition PAN, it's a government formation warrant.

However, the connoisseur of constitutional issues, Mazum Baraliu, estimates that decision has gone further or there is disagreement with the existing text of the Kosovo Constitution.

During a proposal for Indexline, Baraliu says that this decision can be interpreted in various ways.

That decision has actually gone longer and farther than the letters of the Constitution. This decision in a particular way interprets the Constitution of Kosovo, and certainly the president's allude to calling for the constitutional session of the Parliament should be in that direction. But there are things slightly different than in the text of the Constitution. I fear that this disagreement in one way or another, between the difference in the letter of the decision, either the provisions of the 2014 Constitutional Court ruling and the existing text of the Constitution can be interpreted in various ways. Therefore, the presidency would also have to act correctly and apply it to”, Baraliu said.

According to him, if there is uncertainty, during the 30-day term for constitutionalisation of the Parliament, the president would first have to seek explanations from the Constitutional Court on three issues, such as: Constitution of Parliament, election of president and mandate of government.

If there is uncertainty, during the 30-day term for the constitutionalisation of the Assembly from the certificate of election results, then it would have to be sought to explain by the Constitutional Court what it actually meant in terms of the constitution's constitutionalisation, the election of the president and the mandate of the Government, and then be done”, he added.

Otherwise, the constitution should occur within 30 days of the certificate of election results by the CEC. 

 

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