Thaci's request to Constitutional links with EULEX Special

Thaci has asked the Constitution if international agreements signed by the president are considered ratified, without taking them to the Parliament at all, and without the approval of MPs.

As an example, it has cited the continuation of EULEX's mandate, which was made only through letter exchange between it and the EU high representative.

Hasan estimates in an interview for Online Economy that the president's first goal is to paralyse the Special Court.

According to Hasani, in the event the Constitution finds that continuing the mandate of the EU mission has had to be approved by the Parliament, then EULEX's work as authorised by the Special Court to conduct possible arrests in Kosovo would be ineffective. That would require 2/3 of all MPs' votes, which Hasani believes is difficult to reach.

The primary goal is to bring the action of The Hague tribunal to a halt, the Special Court, to make it ineffective on Kosovo's territory, because if the Court meant that the agreement should go to ratification and ratification requires 2/3 (of the vote), then it would not win those votes and, as a result, actions on Kosovo's territory, in terms of the Special Court, the implementing authority that is the EULEX mission, would be inefficient”.

Hasan claims that if the Constitutional Court meant that there was no need for ratification, then this Thaci would use as a precedent to negotiate and sign agreements with Serbia, which could include changing territory.

The second “, if the Court were to say otherwise, that there is no need for ratification, then he would use this as a precedent to negotiate and sign agreements related to the territorial and national sovereignty issues of Kosovo from paragraph 18.1. Because it would be taken for granted that only the President can sign any international agreement, which is not true. If it were to say that it must go to the Assembly, it would objectively mean suspending the action of the EULEX implementation authority, and therefore until the Assembly is decided, here is only hypothetically, then the work and effective action of the Special Court on the territory of Kosovo would be suspended. But on the professional side, demand should not be allowed. Why? Because from what I've seen in the newspaper, the object of demand is constitutional control or the constitutionality of the international agreement that has been reached through the exchange of letters. It means, the head of state wants to know if that agreement is constitutional, respectively, if it had to go to the Assembly or enter into power with the signature. It means, for an act of mail celum”, Hasani said.

According to this Article 18.1 of the Constitution, the Kosovo Assembly with two-thirds votes of all MPs ratified international agreements on several issues, and above all on territory, peace, alliances, political and military issues.

The issues this article deals with, according to Hasan, has no right to sign either the president or any body in Kosovo without clear mandate from the Kosovo Assembly. He estimates that without this mandate they can't even discuss it at the table, let alone reach any agreement.

Hasan further says the president's request to the Constitutional Court is subject to an agreement signed by himself, which has entered into force and cannot be undone.

I believe that primary goal is the paralysis of the Special Court. What hasn't been done by law last year wants to be done through illegal constitutional questions, which for the object are of appreciation. The request of the president of Kosovo's letter is: if the agreement that signed it, it has entered into force under international law, now to ask whether it is constitutional or not, and this is not objective because the Constitutional Court has no right to make an assessment of the constitutionality of international agreements, period. This makes it illegal, because the constitutional question must be applied to a constitutional issue that is useful to the head of state or government in exercising their functions by the respective articles of the Constitution. It is not spoken, because he has signed the agreement, it has entered into force, it cannot be undone, desired or refused, because this agreement does not submit to ratification in the Assembly”, he said further.

Why? Because there is a constitutional amendment that is Article 124, the amendment to Article 162 of the Constitution, which was made in 2015, that the Constitutional Court as far as I was, has given green light in terms of constitutionality, and with which judicial sovereignty is carried in criminal and constitutional leaves in all instances”, Hasani said.

Hasan legalising international law class explains what 18.1 and 18.2 predicts. For the case, reports EO.

“He thinks he has the constitutional right to sign as agreements by Article 18.1 as agreements by Article 18.2. That's not true, he's absolutely right only on Article 18.2 deals. The 18.2 agreements in the Constitution of Ireland, South Africa, in many European countries are technical-administratorial implementation agreements they sign either the Government or the State Chief. We are always talking about constitutional parliamentary democracy, such as Kosovo, Ireland, South Africa”, Hasani said.

According to him, the 18.2 agreements in Kosovo and the entire world that the government or president or King signed are naturally of second-hand agreements that do not control the Assembly because they have no weight on territory, no weight on alliances, no weight on borders because they are second-hand and they implement a deal or another Constitution.

In the case of Kosovo, it is Article 162 or Amendment 24, with which the Convention with 2/3 has fully carried competencies and provided a special law must be found, and the delivery of the headquarters and others made in exchange agreements. Even the delivery of the headquarters has not been ratified, this warrant has been made. The breaking of the headquarters at The Hague because it is international duty, you have it under amendment”, Hasani concluded.