22 minutes agoBaraliu: Next government must prioritize the Law for Referendum
Periskopi(7 years ago)
(7 years ago)The indicator of the Constitutional Affairs, Mazumum Baraliu, says the Law on Referendum should be one of the priorities of the future government because, as he says, this law is constitutional and necessary obligation. He in an interview for Online Economy says this law gives liberal opportunities to citizens in the first place with [...]
He in an interview for Online Economics says that this law provides liberal opportunities for citizens in the first place with fewer signatures - according to him, citizens come in terms of realizing their right to the referendum that is democratic right.
The Law on Referendum is a constitutional obligation. The constitution says that Referendum's right is recognised in Kosovo, but that right is regulated by relevant law. Unfortunately, because of the lack of interest and political will of the UNMIK administration for reasons they have known and because of the lack of political will of all local governments so far, we do not have a Law for Referendum. Just because of some demands and visions, the views in government past had a request from our institutions to compile a Referendum Bill and it remained in the deck drawer because that legislature was too procrastinative and inefficient, Baraliu said.
“We have to have the Law on Referendum and states that are serious in democracy such as Switzerland with a preconsolidated democracy for centuries on any important issues that citizens think should be decided in a plebiscious manner and send to Referentum”, he further said.
Baraliu says the Constitution of Kosovo has blocking mechanisms and its completion is blocked because without Serbian Lisa and without minority will no essential change can be made.
The “we ourselves during the drafting of this constitution, which many of the exhibits of present governments, especially those who have been in power at the time of the adoption and empowerment of this constitution, have said is the Constitution among the most democratic, in fact this Constitution is not only not so democratic and inclusive, it is statistical. We have seen the processes, problems and crises that followed after the adoption of this constitution, and much of these crises are related precisely to the provisions of this constitution”, Baraliu said.
This implies that simply changing and fulfilling this constitution is blocked, there are constitutional block mechanisms and its provisions because without the Serbian List and without the will of minorities no essential change can be made. So, what is blocking and barriering in this Constitution and beyond repair and extremely harmful, almost impossible to change. It would have to go through 2/3 of the majority, so for any change there should be readiness from 80 MPs, by the majority of minority communities”.
The Kosovo Assembly last year in principle has adopted the State-level Referendum Bill.
Referendum's right comes even with the Constitution of Kosovo. However, Article 81 of the Constitution prohibits the right of Referendum for certain laws of vital interest, such as laws that change the borders of municipalities, establish or shut down municipalities, define the extent of municipal governments and participation in intercommunal and cross-border relations; laws that enforce the rights of communities and their members, except those defined by the constitutions; laws for the use of languages; local laws on protection of cultural heritage; laws on religious freedom or on religious agreements; laws on religious agreements; education; law on the usage of communities; and on public conventions.
