Serbian List Hard to Declare unconstitutional Party

Serbian List Hard to Declare unconstitutional Party

The October 6th snap elections in Kosovo were assessed positively by local and international observers. The exception, however, was in the majority Serb municipalities, where European Union observers said that intimidation and threats for Serbs to vote for only one party -- the Serbian List -- violated the election process. And another problem happened [...]

The October 6th snap elections in Kosovo were assessed positively by local and international observers.

The exception, however, was in the majority Serb municipalities, where European Union observers said that intimidation and threats for Serbs to vote for only one party -- the Serbian List -- violated the election process.

And another problem occurred during the voting verification process from Serbia, where this process was interrupted because of the allergic reaction the envelopes from Serbia caused CEC officials.

All of this has added calls for the Serbian List political subject to be declared unconstitutional.

But such a thing seems hard to reach, according to Kosovo Constitutional connoisseurs.

The dictator of the Constitution, Mazum Baraliu, has said this is a very sensitive issue, as the Serbian List is the product of an international agreement.

According to him, despite the fact that the Serb List is simply a subsidiary of Belgrade in Kosovo, it is formed with an international agreement, and international agreements have a default on Kosovo's internal laws.

Serbia's “List is simply Belgrade's subsidiary in Kosovo. The Serbian list has formed with just one international agreement Kosovo representatives have linked to Belgrade in Brussels. So it's the product of an international agreement. While international agreements have a pre-term on domestic state laws as well as Kosovo's local and state legislation. And if you leave these premises regardless of what life may be, they act daily against the constitutional and anti-law, their exhibitor, because the head of the Serb List for example is the head of the Northern Mitrovica municipality with the laws of Kosovo, so every day they violate the constitution and the laws of Kosovo, but even the deklaratives are actually the institutions of prosecutions who don't do their job, which they should do”, Baralou said.

Baraliu is not sure that the Constitutional Court can take over and declare it unconstitutional.

But I'm not sure the Constitutional Court can deal with that and declare it unconstitutional, because I'm saying it's a source of international agreement. And no matter all these actions. And the latter is suspected, (for poisoning CEC officials), so if anything is suspected of not being taken as an act and fact carried out until the opposite or the same is proven. As many as doubts exist, there are more doubts about the state of Serbia, which is doing everything in front of the world's eye, and no one or the international community is taking any action against them than these things here within the country”, Baraliu has said.

Even legal and Constitutional Affairs expert Riza Smaka, talking about whether the Serbian unconstitutional List can be declared, has told the news that there are two issues -- judicial and political aspects.

According to him, legally you should have declared an unconstitutional, but there is a problem in the political aspect because of the internationals.

There are two issues on this very subject two, legal and political. No doubt it is an anti-combat list, which operates openly against the Republic of Kosovo, against Kosovo institutions, is the political philosophy of the state. And in a legal way, there's also a basis for declaring ourselves unconstitutional. But now this political theorem comes to mind, that even the international factor is interested in making some kind of amortization, a certain situation, i.m. It's said to keep this confrontational and antagonistic frustration between our institutions and our people and Serbia. That's why I don't think the case would have gone there to final”, Smaka said.

He has since said that Serbian List is financed by Serbian state

As little as the Constitutional Court, we have no actual court from the beginning, because it has often judged by political rather than non-law. I've written often, I've published analytical writings, I've argued that some opinions of the court constitutionally had nothing to do with the constitution. So even this time it makes sense that the Constitutional Court would at least have dismissed this without need and then gave you an opinion. This is seen as being said from heaven, and we note that this is the Serbian political list financed by Serbia's stimulated and inspired and every view supported by the Serbian state. The point is these also openly at public gatherings have manifested these views”, Smaka said.

We remember that the Serbian List has almost never respected the laws and Constitution of the Republic of Kosovo.

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