Constitution completes a decade, was violated by state

For ten years I was challenged, violated, and not protected enough. Kosovo's highest legal act, which also legally materialized independence, the Constitution, tomorrow fills a decade since its adoption in the Kosovo Assembly.

On April 9, 2008, just two months after Kosovo's declaration of independence, the centuries-old will of citizens for the establishment of the state of Kosovo was fulfilled, even legally, through the vote of the Constitution in the Assembly.

For ten years, however, the highest judicial act had numerous challenges, since there were shortcomings from the start.

Even its own makers, a decade later, estimate that the Constitution was challenged, violated, and not protected enough from the pre-pre-signed mechanisms to protect it. The Constitution's biggest challenger was the non-relongment of sovereignty in the entire territory of the country, since implementation of the Constitution in the north still remains a challenge for institutions. However, there were violations of the highest legal act also by heads of institutions.

Two cases aside, when former Kosovo President Fatmir Sejdiu was found to have seriously violated the Constitution after holding the post of LDK chairman, however frozen, while he was president until, even at the time of the election of Behgjet Pacolli, the Constitutional Court found violations of the Constitution by the Parliament in case of Pacolli's election to the presidential post.

The chairman of the commission for drafting the Constitution of Kosovo, Hajredin Kuci, told KosovaPress, that the Constitution of Kosovo adopted in 2008 is the first Constitution of the Republic of Kosovo, which has created the full basis for institutional and state construction, but also for legislative basis all laws that have been made afterwards. However, he estimated that the highest judicial act was challenged in the first decade. So it is time for her to undergo changes where she needs to be.

“over the period we have made during this time, the Constitution has been challenged, and of course the first challenge has come from its own extension on the territory of the Republic of Kosovo.

Then it has been challenged by individuals of institutions who have not respected it in full, whether in its goal or even its legal standard, and above all, I would say whenever an anniversary is made there is reason to become an update of what may be. I always say that life is more evolutionary than the legal norm, so life in Kosovo has evolved in the last ten years of our political goals that have been realized at the time, Kuci said.

However, according to him, the foundation of the Constitution regarding human freedoms and rights, independence of the three powers, must be preserved. Even former member of the Commission for drafting the Constitution, Riza Smaka, estimates that the highest judicial act was violated many times in its first decade. In fact, he even held that the high institutions themselves were the mechanisms that were designed to protect him and protect him.

Smaca also mentioned legal acts that do not comply with the Constitution, such as the Law on Elections, which gives women the right automatically to represent 30 per cent in the election. According to him, this is not the solution to equality, because many MPs then the yoke with ridiculous votes, precisely because of the quota.

While Professor and connoisseur of constitutional issues Mazum Baraliu has said of Kosova Preris that for a decade the Constitution has been violated many times, either by physical, legal, even by the state itself.

Professors Baraliu and Smaca estimate that mechanisms built to protect the Constitution from wrongdoing did not protect it sufficiently.

Until, Smaca has received concrete examples of alleged violation of the Constitution, with no violations, which, according to him, also constitutes a violation of the highest legal act.

Now after filling a decade, the change of the Kosovo Constitution is necessary in many areas that it does not properly regulate. Smaka says it is urgent to change nines to elect the owner of the Parliament, and also to the president, who, according to him, is the best choice by citizens.

The violation of the Constitution has every day especially at the localities where Serbs live. Kosovo institutions, symbols, teach with the plans of Serbia, etc., are not respected at all in those municipalities. They still use the dinar as currency, not the euro, as in all of Kosovo. The violation of the Constitution was considered the last case, when six Turkish sells were arrested and then deported to Turkey.