The Constitution will remain without decision-making power on 16 June

The Constitutional Court will remain without decision-making power on June 16th. This is because the two current judges of this court will have to expire with the mandate, while to have the constitutional quorum, there must be at least seven judges, out of a total of nine.

So announced the director of the office for communication and information at the Constitutional Court, Veton Dula.

According to him, the Constitutional Court will not have the necessary quorum for decision-making after the departure of Rodriguez and Botusharova-Doiceva, whose mandate expires on June 16, 2018.

Dula told Telegrafi that this month the mandate was extended to two international judges from the Constitutional Court.

“International judges of the Constitutional Court; Almiro Rodriguez and Snezana Botushanova-Doiceva, were granted a mandate as constitutional judges, on June 16, 2018. In addition, on June 26, 2018, it will expire the mandate of two other constitutional judges -- deputy leaders Ivan Cukalovic and Judge Altay Suroy. After the departure of Judge Rodriguez and Botusharova-Doiceva, on June 16, 2018, the Constitutional Court will not have the necessary quorum for decision making”, Dula said.

Meanwhile, connoisseurs in the country have said that this legislature and the executive did not understand enough the importance of the constitutional mandate and quorums that should have respective institutions, especially those independents.

Constitutional Law Professor Mazbul Baraliu said the Constitutional Court is the highest institution of constitutional trial and should be an example of how the mandate and function of an institution is respected.

According to him, the consequences are irreversible, as there will be delays in decision-making as well as human rights violations.

The “unfortunately, not only this governing structure and this legislature and executive, but repeatedly one government after another as if they did not understand enough the importance of the constitutional mandate and the quorums that respective institutions should have, especially those that are independent. The constitutional court is the highest institution of constitutional court and should be an example of how the mandate and function of an institution is respected, so it should have within its mandate to carry out obligations, respectively, the judges' elections. The Constitutional Court, it does business and preparation, takes the jobs of the reporting judges for various cases, but they cannot rule meritably because they have no mandate. The consequences are irreversible, as there will be delays, human rights violations, there will be treatment of cases sent to the Constitutional Court and huge loss”, Baraliu stressed.

While, law affairs expert Riza Smaka argued that the process of electing judges to the Constitutional Court is going for political interests.

Smaka said that Kosovo Constitutional Court has been in service of daily politics to this day rather than of the Constitution that has the basis for work

There are major defects in that court. Political interests push one another, have quarrels to send his men to this court, and therefore drag the election of these judges. When there's a quorum in this court no decision can be made”, he said.

According to Professor Smaca, responsibility rests on the head of this court, Arta Rama, the head of the Parliament, Kadri Wessel, as well as the deputies of the Parliament.

This should be the responsibility. It is also blamed for the court's chairman, who has to initiate the procedure six months earlier. The responsibility falls to the head of the judge and ruler of the assembly. They're also serious at fault of MPs, they should have been punished, not by hire, but by vote of citizen”, Smaca said, among other things.

Otherwise, it has been two weeks since six Albanian judges' candidates in the Kosovo Assembly failed to get the necessary votes.

While, on the official site of the Kosovo Assembly since 22 May, the competition for judges' candidates at the Constitutional Court has been open until June 06th has opened.