Constitution has no solution for the crisis in the Assembly

So far, after six continuations of the Parliament's Constituent Assembly, MPs have still failed to elect the chairman and vice-presidents, with which the legislative framework process would be round.

The Kosovo Constitutional Court's decision of August 2014 gives the right to the political subject or to the pre-election coalition, which receives the largest number of seats in the Assembly to propose the Speaker of the Parliament. In the current case, the proposal must make the coalition PAN, composed of the Democratic Party of Kosovo, the Alliance for the Future of Kosovo and the Initiative for Kosovo. But so far the coalition PAN has not proposed a candidate for chairman of the Assembly.

Mazlum Baraliu, professor of Constitutional Law, speaking of Radio Free Europe, explains that in this case there is no constitutional solution, which envisions deadlines for the election of the Speaker of the Parliament.

The “is a serious lack of the Constitution that has not preceded such a situation, because the constitution has thought it will not come to such situations, such stimuli, the non-exploitation of such authorisations. This is because the post of speaker of the Parliament itself is not an important position and decision-makers, in the sense of the executive. It is seen as a co-ordinating post of more technical and operational operations, along with the chairmanship and deputy heads of the Assembly”.

However, Professor Baraliu stresses that a possible election should be sought by the country's president, Hashim Thaci. According to him, the Kosovo Constitution gives him the competence and obligation to care for the constitutional functioning of the country's institutions.

I think it's time for the presidency not to be passive, but that as soon as we get into this already created vacuum, because there's still no other date set for the chairman to invite political parties and reflect on any solution. Eventually, if they don't agree on anything, then let them agree to go jointly into the dissolution of parliament”, Baraliu said. He adds that this would lead the country to early parliamentary elections.

But, Arben Qirez, political affairs analyst, tells Radio Free Europe that political stalemate, however, must be found a political solution.

“I am considering that it does not mean that any political process is faced with a constitutional solution. This political stalemate can be solved even through political solutions. There is no need only to have constitutional solution”.

Analyst Kyresi expresses the thought that there are already three paths left for the solution to the policy. The first solution, according to him, is to reach a consensus of parliamentary political subjects.

So start with a consensus to have institutions formed, respectively, so that there will be no early elections. The second is that the country's president can call either a consultative meeting or a political group. PAN, first but also from other political groups to make personality proposals for respective functions, which is why the situation is being blocked. The last solution is that if any reasonable time is passed, within which there is no election of institutions, which are expected to be resolved, then go to early elections”, Kyresi said.

The political stalemate in Kosovo has been starting since the Constitutional Assembly of the Parliament, which has started 3 August. So far, it has been continued six times, but the election of mayors and vice-presidents has not been achieved, but has not yet been set a date when the constitutional and legislative sessions will continue.