Enver Hasani sees danger of partitioning Kosovo if Srpska joins government

The leaders of the Vetevendosje Movement, which came first in this election, continue to claim they will not co-operate with the Serbian List.

But, former Constitutional Court Chairman Enver Hasani, in an interview for Online Economy, says that despite claims, the future government cannot be formed without the Serbian List.

He adds it is a constitutional obligation that the biggest political subject representing the Serb community be part of the executive.

Hasan even says that the failure of the Serbian List in the Kurti Government could destabilise the country, while not even rule out the division of the north.

It is not possible under the Constitution. Kosovo has constitutional democracy that exists in Cyprus, South Africa, Lebanon, Bosnia, where the division of power through ethnic, religious, linguistic lines is accurate, clear, shared and fixed on constitutional standards, respectively, in the rules of the political game which actors must implement. In that sense neither Albini nor anyone can decide the fate and representation of local Serbs, Bosniaks, Turks and anyone. He is the constitutional coalition to which you have to submit if you don't want to create serious political problems in Kosovo, which if taken with this logic, I'm pretty sure it leads to legitimising the division of Kosovo. If it goes to this logic and exclusion of the Serb community and other communities, then it is not unconstitutional, but it necessarily leads to ethnic territorial commitments which can cost Kosovo. That's how it is in the Constitution and it should be respected”, the former head of the Constitution says.

Hasan sets up a parallel between the current situation and that of the Milosevic regime.

It says Kosovo politicians should not use politics the same as “-former Balkan casap”.

It even quotes portions of the Koran and the Bible.

“They are representatives who have won the Serb community vote, and those as the Constitution says have been declared representing that community and this should be respected. In Milosevic's time, an honest Albanian for co-operation was required, and we have to remove those stereotypes, it's no good for us, because even ancient holy Koran books and young Bibles say that he did to someone what he doesn't want for himself. I see no harm from them. They are citizens of Kosovo”, he says.

Former head of the Constitutional Court, Enver Hasani, has also explained the legal steps to follow until the formation of new institutions.

It says the Constitutional decision in 2014 enabled democratisation and political stability in Kosovo.

The process until there has been no dispute is regular and should be followed by constitutional and legal steps for the formation of the executive. Election certificate closes when there is no complaint. Then the mandate must be appointed by the president of the state, expected 15 days' first round. The second is 10 days. There is a Constitutional Court ruling which describes exactly the procedure. It is the decision that has mostly contributed to political and institutional stability, however in 2015 I was accused of all, including Albin, on the basis of that decision that has created stability and predictability. That decision has determined that all coalitions, all deals, when the citizen offers bids, cannot be reversed on the day of the election proclamation. Or when losers are announced, they have no chance of overturning the score”, he says.

Hasan also clarified the situation created in the event of the winning party's failure to create state institutions.

The Constitutional Court has made a disrepute with the assumption that the first round has always gone smoothly. It cannot be moved to the second round without the first round being adjusted to the end and without any agreement that constitutional procedures have been followed. Then in the second round, always in consultation with political forces, one can be given if those forces agree to give the green light such a proposal. Because the President must take a neutral stand. I've heard nonsense in 2015, but even now who has 61 signatures, because it's interference in voting freedom, MP's right. How does anyone know that 61 MPs vote in parliament? It means it's an implant. It is a situation at the second time when parties are afraid to go to the elections and are convinced that the first one cannot build the government and can be granted rights, but not signatures. She's the barbarian and not allowed”, he says.

Professor Hasani in this interview for EO also spoke of possible consequences produced by the final agreement with Serbia.

It advises politicians not to engage in an agreement aimed at exchanging territories.

It's hard to speculate, but we all have to commit that the deal is not territorially based. Don't touch my territories because if Kosovo loses the north, the rest of Kosovo becomes unfunctional and remains only with potato planting, worth as a state and will be completely unstable. Organically, that part is the forest economy, water, energy, mining and revitive of the north draws Kosovo forward in economic development as it once was for greed. In that sense I see as tragic anyone who does such deals and resolving our problem with Serbs and Serbia should be initiated by the endless association and modalities that exist around the world today”, he says.

Hasani: The Vetting Process must be subjected to all politicians

The recognition of the constitution, Enver Hasani, says Kosovo must start the Vetting process as soon as possible.

It says that more than the justice system is the policy that needs a filtering process.

It proposes that each person who aims at the assembly and executive should first submit to the Vetting process so that the origin of their wealth may be known.

When the Law was voted under the Venice Commission for Vetting I was the representative of Kosovo there and the only one I spoke to and supported with a spirit of heart and I supported such a decision today. Today I believe that Balkan countries need such a process. Kosovo must follow Albania's path and that law should be changed title and that process start early. I think in the future, the bill needs to be precise in order to prevent political entry into the assembly of those who cannot reason on the origin of wealth. Because politics is producing corrupt justice. This would be the biggest blow and the biggest cleanup that can be made the political scene”, he concludes.