Constitution has major shortcomings

He adds that there is a problem with concern regarding the constitution's provisions, which are severely lacking and emerging.

Radio Free Europe: Professor Baraliu, the Kosovo Parliament's constitutional session has been conveyed with a lot of uncertainty. Have there been violations of Kosovo's Assembly regulation during this session?

Mazlum Baraliu: Usually not only the Parliament Rule, during the work of parliamentary sessions, even constitutionally such as this, the Constitution itself and the laws of Kosovo are unfortunately violated almost consistently.

But, as far as yesterday's constitutional session was concerned, its leader had with the Secretary of the Parliament, along with other experts responsible for legal affairs, to eventually correct whether the head of the Assembly would err.

If we go back to explaining technical terms or procedures, maybe when using the word is closed the hearing is wrong, because if this session were concluded, then it would have to be called by other rules, in the spirit of the Parliament's long-term working regulations, there are procedures, to call another session.

But since this session is constitutional and should not cease without great reason and does not end without constitutionalising all organs, in terms of that word “closing”, it is not a serious and serious violation and the session may continue.

This session must continue, it is good that the deadline has been reached by August 8th, as it would be the last constitutional deadline for the constitution.

That part of the job that has been done so far has been well done. The opening of the session has been made, reading the agenda, confirmation of the attendees has been made, requests have been made to form the relevant commission for verification of mandates and quorums, and then the MPs have been elected.

So, in an individual respect, the Kosovo Assembly is constitutional and MPs have a mandate.

Radio Free Europe: Given developments in the Assembly, could legal deadlines be jeopardised for the election of the Speaker of the Assembly?

Mazlum Baraliu: In itself the fact that the constitutional session started before August 8th, when the deadline would be, it could continue even before that date and after that date, because it is continuing a session and it is not a constitutional offense.

But there is a problem of concern with the Constitution's provisions, which can be a very serious matter.

Because Article 67, paragraph 2 of the Constitution in force, gives the winning pre-election coalition the opportunity to propose to the Parliament its chairman, yet there is no continuous, defining, defining, depleting provision of possible judicial situations.

Like what happened yesterday, what happened to the coalition? PAN, which has authorisation, probably does not propose it (the head of the Parliament) or if the candidate proposed by the largest parliamentary group, in this case the coalition PAN, not acceptable.

This issue is not elaborate and this represents a major constitutional vacuum.

Radio Free Europe : What situation might arise?

Mazlum Baraliu: Now there's a situation like this, if someone wants to, which seems to have symptoms and a tendency to drag in the process of restoring the Coven's organs, can continue indefinitely with new proposals.

If you propose to one candidate and not vote, it may be the same as to propose at other regular sessions, as a continuation of the constitutional session, to propose other MPs, until closing with any last PAN coalition MP.

If this trend of deadlock continues, following in view of the seconds of the Constitution and the specific goals of our political subjects, there is a tendency of the postponement blockade up to new early elections, which are no match for anyone, but would be a great loss of time and in no way justified.

Radio Free Europe: Kosovo's constitution is continuing to convey impassable challenges, in some cases it is said to have blocked the country in many important processes. Does the need for its change present itself?

Mazlum Baraliu: This Constitution has tremendous shortcomings. Initially, there have been such ones because there has not been a necessary, important and comprehensive debate on the adoption of this Constitution.

As such, this Constitution has been served in co-operation with the international community and experts and local institutions, and as such has been done hastily.

It is a constitutional act, served in specific circumstances, at the time when Kosovo had to have the Constitution after declaring independence, and it had to have a balanced constitution, not as we should have, as it should be, a sovereign expression of the will of citizens.

This constitution, not that it has to be changed and fulfilled, but it has to be rewritten since Preambulla, which is unacceptable to all, even to the majority and other non-communal communities in Kosovo.