Referendum can be held in Kosovo without constitutional changes

However, politicians from opposition parties say mentioning the president's referendum is fraud and is being made to cloud the current situation.

The referendum as a constitutional right is not regulated by law in Kosovo.

Kosovo's constitution envisions a provision regarding the possibility of holding the referendum and overhauling or resolving different issues, through the referendum, but for that initially a law should be established for the referendum and passed in the Assembly.

Kosovo President Hashim Thaci recently, until he has spoken of the possibility that the Valley to join Kosovo, he has said that if the Kosovo Assembly is not willing to make constitutional changes, then this could be done through the referendum.

If it is necessary to change the constitution to join the Presevo Valley of Medvedja and Bujanoc, I have since now been in a different constitution. Kosovo's constitution has changed three times since its declaration of Independence, so it is no sin to change the Constitution and Valley of Kosovo, which is bad here. If the Kosovo Assembly is not willing to do so, then the referendum is a constitutional category which we can organise with the obvious question, which we are already preparing for the citizens of Kosovo, are they in favour of joining the Kosovo Valley, yes or not, very simple, clear”, he said.

But the law for the referendum would have to be done in accordance with the Kosovo Constitution. The latter stipulates that Kosovo has no territorial claims against any other state, and that Kosovo's territorial integrity is inconsistent.

Constitutional Law Professor Mazbul Baraliu says the demand for a referendum is legitimate and that a law for referendum is possible, but not at this time when the continuation of talks with Serbia is claimed.

Not everything can be entered into that text, not any content, especially those content that are contrary to the constitution, in Article 1 of the Constitution accurately envisioned that Kosovo is a unique democratic and inseparable state. When it comes to territory, in exchange or reform of borders, which is actually the same understanding, that is, division, we have to do with the territory and in exchange of territories, then we can be contrary to the Constitution of Kosovo, so even from this point of view it would have to be careful that the law for referendum is not in conflict with its content, its provisions, as opposed to the Constitution, much less the question that can be asked in referendum should not, it does not, does not contradict the constitutions and positive powers in its power, he says.

He says that no constitutional change can have any other content but to describe and recognise the state of Kosovo as a unique state, with a unitary composition and inseparable territory.

Life Krasniqi from the Kosovo Democratic Institute says a law for the referendum, where changes on Kosovo's territory would be put forward, would be contrary to the Constitution.

Kosovo's <x0) territorial integrity is incompatible and Kosovo has no territorial claims from other countries, so a law on the referendum where changes in Kosovo's territory would be envisioned would conflict with the Constitution of Kosovo itself, and to create the space for the law to ask questions about territorial integrity would have to be made in the first place. Absolutely, this is a right given to the Constitution and it is positive to become the law for the referendum, but it must be careful what this law is becoming and must certainly be in line with the Constitution of the Republic of Kosovo and the sanctions that are before it in the” Constitution, she says.

While Vetevendosje MP Rexhep Selimi says mentioning a referendum by the president is intended to cloud the current situation in the country.

“is a manipulation of the president because we know constitutional norms, and the referendum is not even a constitutional category. With the contribution of that president seeking a referendum, he is simply cheating, in concrete case. It's clouding a situation where we should be more clear, citizens need this situation to be clearer and he's just needing to be more turbulent, so even the mention of the referendum is just a fog thrown by the president, it's not about a referendum, it's just cheating”, he says.

In Kosovo since the constitution's entry into force has not been seen any will by institutions for establishing a law for referendum.

As a law for the referendum can be established, Kosovo's Constitution does not expect to go to a referendum on legislation considered vital interest, including law on language, religious rights and education.