5 minutes agoAdviserative referendum on eventual agreement with Serbia
Periskopi(7 years ago)
(7 years ago)Kosovo could organise a consultative referendum in the event of reaching a final agreement with Serbia on normalising the reports, say connoisseurs of the judicial-unconstitutional system. They also recall that the Assembly should approve the Law in advance for referendum. Constitutional Law Professor Arsim Bajrami, who has been a member of the Commission for [...]
Constitutional Law Professor Arsim Bajrami, who has been a member of the Commission for drafting the Constitution of Kosovo, speaking of Radio Free Europe, said Kosovo needs to have the Law for Referendum, as the most direct form of democracy involving citizens on certain issues.
The “Referendum can only serve as a consultative or fascinating referendum, and there is no obstacle for the Kosovo Parliament on any issue of its competence to declare a referendum. But the referendum in this case has no binding character, it is only consultative because decision-making should be turned on the constitutional road, means voting from the Kosovo Assembly”, Bajrami said.
He said that if in the future it is intended for international agreements to be adopted by referendum, including events with Serbia, the Constitution would have to be changed.
“in this case, the referendum would be similar to what was held for changing the name (North Macedonia case). It would be only a measurement of the will of the citizens of the Republic of Kosovo, while decision-making should be constitutionally returned to the Assembly of the Republic of Kosovo”, Bajrami said.
Professor Bajrami stresses that adopting the Law for Referendum is mandatory to implement it in practice.
“This law would specify referendum implementation procedures, local and central-level issues, which could be put to referendum, would virtually make the implementation or application of a provision of the Constitution envisioning the referendum as a decision-making category” possible, Bajrami said.
According to Bajrami, if any constitutional provisions for the competencies of the Parliament are to be changed, then first the change must take place in the Constitution, so that the referendum gets binding character.
Violet Hajoll, from the Kosovo Democratic Institute, says that in the Constitution of Kosovo, the specific mother mentions the referendum issue, and, as she says, the Assembly can announce a referendum on specific issues, but in advance there should be the relevant Law for referendum.
But, Hajoll points out that on matters of vital interest, without changing the Constitution, there can be no referendum.
If the final agreement with Serbia envisions changing the borders of municipalities as we are currently talking about these border correction scenarios, then by referendum this cannot be done, because the Constitution forbids it. Without changing the Constitution, no referendum can be held on vital legislation issues”, Hajoli said.
The Kosovo Assembly in November last year in principle has adopted the Bill for State-level referenda.
The right of the referendum is also provided with the Constitution of Kosovo. However, Article 81 of the Constitution prohibits the right of referendum on 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, with the exception of those defined by the constitutions; laws for the use of languages; local elections; laws for protection of cultural heritage; laws for religious freedom or agreements; education; the laws for the laws of communities; the laws on the usage of public communities; the usage of symbols; and public communities.
