President Thaci is trying a coup

Kosovo President Hashim Thaci should consult all parties or any list represented in parliament and then give the mandate to anyone who is able to collect the required majority.

Andrea Kapusela, a researcher and good connoisseur of the situation in Kosovo, former ICO employee in Pristina, says it is wrong to assume that the mandate to form Kosovo's next government by law has lists that have won more votes. He says that by stating it would be absurd to insist on that if someone else has greater parliamentary support.

Kapusela says a very simple thing in the Kosovo Constitution has been complicated unnecessarily by the Constitutional decision in 2014.

The score is Article 95.1 of the Kosovo Constitution:

After the elections, the president of the Republic of Kosovo proposes the candidate for prime minister, in consultation with the political party or the coalition, to the Assembly needed to establish the government.

Kapusela says that at no moment does the Constitution allow the president to choose himself as a candidate mandate who has come up with more votes than elections, but has not provided evidence that he has the majority of votes in Parliament.

A majority is when someone has 61 or more (let's call it "61 +"), which is needed to determine who will establish the government is given to Article 95.3.

So if the X party has won 61+ seats in the country the solution is clear: The president would have to consult with X and (B) the man whom X suggests.

Note: However, it is clear that (B) does not result from the text of Article 95.1, which simply says "consultation," but the logical fact is that only because X controls enough votes to create a government, and for that reason it can be thrown down by candidate votes.

What if no one has won 61+ seats in the assembly?

The weakness of the Constitution's creators and the inadequacy of the process that led to its approval is brought to light. Because, literally, Article 95.1 offers no choice: The president will have someone to ask the government to do and consult, since no one won the necessary majority to form a government. Only logic can solve this problem, and in this case it does.

Note, first, under Article 95.4, only two attempts to form the government are allowed, after which parliament must be distributed. So, no specific rule for the second effort is highlighted (noti 95.4 says the second mandate to give “with the same procedure”, in accordance with Article 95.1, respectively).

Attention, at last, the president must do what is reasonable and which is possible for forming a government (on the basis of general principles, the state must remain without a government as long as possible, and that repetition of elections should be avoided as possible).

The solution is self-understanding. The president should consult with all parties or lists represented in Parliament to hear their intentions, and then give the mandate to anyone who arrives to gather a coalition with the required 61+ majority.

This is exactly the present case. The three main contenders have between 30 and 40 votes in the Assembly, and from the current public declarations that Ramush Haradinaj and Albin Kurti are trying to rally a 61+ alliance. Math tells us only one of them will succeed; And logic tells us that he will succeed must Get the warrant.

Someone might say, yes, that might be right, but the 2014 trial should be respected anyway. The court is subject to the constitution, not vice versa, and its interpretations can always be reversed: this is how every country works, jurisdiction transforms and improves past mistakes.

Vite: needs a new verdict, more than how the president can and should respect the Constitution, without asking for the court's permission.

Three explanations, to end:

(1) There is no basis in the constitution for the idea that Haradinaj should be given the mandate for the only reason he with his list won large numbers of votes in the election: this is, simply, a Constitutional Court invention;

(2) If Kurti could collect an alliance of 61+, granting the mandate to Haradinaj, there would be no point, because Kurti's 61+ alliance would have rejected it, and it would have been a serious violation of the constitution, which would have been enough to justify the president's dismissal (because the president would have imposed his preference, and thus prevented the formation of the government);

(3) If that happens, and if the second term is given to anyone other than Kurt, Kosovo would suffer a mild coup, similar to that of 2014 (The court's decision was a rematching permit for the coup, which became unnecessary. The LDK agreed to get in the way with the PDK.

Game rules actually affect results. While what I'm doing right now would have put both candidates in the same position, the wrong rule would have favored only one.

So President Hashim Thaci would have to say whether he would follow the right rule or the wrong rule, and he would have to say that now. It's hardly expected that he will make the right one, and in fact the most likely is for him to do as he wants interest, regardless of law or logic. However, he should not be helped to do so, especially at such a delicate moment in Kosovo's political life.

Western diplomats, who were the vocal defenders of the constitution on the army issue, are said to be so afraid (Error) from Kurt's mandate are now divided and silent.

Worse still, there seems to be a consensus that Haradinaj should be mandated for president no matter what outcome the president's consultations will show.