Haradinaj via Constitution, picked the long way to interpretation of resignation

Launched by these qualms, Kosovo's resignation prime minister, Ramush Haradinaj himself has turned to the Constitutional Court, with a request for interpreting his resignation from the prime minister's position. But connoisseurs of the constitution say Haradinaj chose the long way, as that the Constitutional Court will require a timeline for interpretation, which is estimated to create a void in government.

Haradinaj said he has asked the Constitutional Court “for the definition of competencies and functioning of the Government” following his resignation. According to him, the purpose of the request is not only to seek clarification of the legal situation created after the resignation, but, as he said, to go away with institutional vacuum situations.

“I have submitted to the Constitutional Court a request for interpretation of my resignation”, Haradinaj has declared.
He said that unless there is a way out for the situation, interpretation by the Constitutional Court could clarify the current situation.

It's not that life completely stops at this time period, but I see a desire to mix them up. I quit, so I quit. A government has to get out of the elections, but until that government comes, who is responsible for governing the country? ) This answer is not being given by anyone”, Haradinaj said.

He said he will respect the Court's decision, but has also called on Kosovo President Hashim Thaci, the Parliament and political parties to take appropriate actions to proclaim parliamentary elections.

Kosovo President Hashim Thaci had announced that this week he will start consultations with political parties on finding a constitutional solution following the prime minister's resignation. But the President's office has not provided information on when these consultations will begin.

Visar Morina, professor of Constitutional Law at the Jurydical Faculty at the University of Pristina, says the Kosovo Constitution does not provide any details about what situation follows the resignation of a prime minister from office. However, Morina considers constitutional interpretations should be directed towards resolving the problem.

“In such situations I think there are numerous practices of European states [Croatia] that have little or many parliamentary systems, where there is a temporary period until the election of new governance or the election of new governance after elections, and during this period, certainly the government operates with a contract mandate in decision making, so only in carrying out those functions that are vital for citizens for the state of”, Morina said.

Morina also says that the Government has the right to head the Constitutional Court, but it remembers that interpretations by the Constitution usually take time.

The “is due to time, since the Constitutional Court will now take time until it can bring a decision, even for practical reasons, I don't think it has been necessary to refer to the Constitutional Court”, he points out.

“I think that Government is a constitutional body and that I think very comfortablely it would be able itself to interpret -- that is, a constructive constitutional interpretation -- to overcome this situation, because I think that reference to the Constitutional Court will take the time of”, Morina said.

Since Haradinaj's resignation, political parties have launched their preparation activities for early elections. But there is also a legal and constitutional way that should precede the election decision, since in the Constitution there is no exception to the possibility of a new government being formed for the remaining constitutional mandate of the current institutions.

Resigned Prime Minister Ramush Haradinaj has said it is important that all act on legal and constitutional terms and, as he said, there be no delays in any case.

Haradinaj has resigned from the prime minister's position on 19 July, after being invited by the Special Prosecutor to The Hague to interview the quality of war crimes suspect. /rel