“Haradinaj Councillors unknown, unnecessary request for Constitutional Court”

Former Kosovo Prime Minister Ramush Haradinaj has submitted a request to the Constitutional Court on morning to interpret his act of resignation from the prime minister's post.

It was only a week after the resignation at the Kosovo Government meeting, Periscopi writes.

Haradinaj says that through a request to interpret the act of his resignation, he expects competencies to be defined during the government's operation. He even claims that he expects the Constitutional Court to make a decision as soon as possible.

Dear citizens, I have submitted to the Constitutional Court today the request for interpretation of my act of resignation from the post of prime minister of the country and the definition of the government's competencies and operation after this act. The purpose of the request is not only to seek clarification of the judicial situation created after my resignation, and with that, to avoid institutional vacuum, but also to avoid this interpretation by the Constitutional Court to clarify similar situations in the future. Sending this issue to the Constitutional Court is evidence of institutional responsibility, for Government to operate within the constitutional and legal framework, and therefore not allow institutional vacuum until the new government is elected. I hope that due to emergency, the Court will decide soon. Whatever that decision is, I will respect it. At the same time, it calls on the president of the Republic of Kosovo, Parliament and political parties to take appropriate action to declare parliamentary elections”, Haradinaj writes on Facebook.

And against that request the PDK had come up, saying that “such a requirement is unnecessary to launch at Constitutional”.

On the other hand, political analyst Riza Smaka in a pronomination for Periscope says Haradinaj should not make such a request, as he describes it as unnecessary. He says Haradinaj is following the pattern of former President Jahjaga, who over time has been in this position, for everything has been addressed to the Constitutional.

Smaka even accuses Haradinaj's advisers of failing to consult properly.

There was no need to address the Constitutional Court because the legal issue is simple. There is no problem with correct legal interpretation. When the prime minister resigns, the government falls. The president of state announces the extraordinary elections. In this case, it must be examined that the state cannot exist without fundamental institutions such as legislature, executive and judiciary. This government would have exercised basic executive functions until the government's constitutionalisation from the general extraordinary elections. This has been unnecessary, don't you know why? Even counselors can't advise him. This is the style of Mrs. Jahjaga, for the simplest topics, addressed to the Constitutional Court”, Smaka said.

While Constitutional connoisseur Enver Hasani in a reply to Periscope, Haradinaj's move describes him as his election, arguing that he is prime minister in resignation and that he can do such an act.

“He is prime minister in the resignation, as such prime minister he could possibly develop in his form that has chosen”, Hasani said.

Hasani stresses that the Constitution is the highest body to make decisions and that Haradinaj's request should be dealt with urgently and should be primary.

The Constitutional Court is the highest body to make decisions, and decisions are mandatory. The Constitutional Court's deadline is 30 days. Within days, the Constitutional Court is obliged to return the response, in the emergency cases when the president, prime minister and assembly” are headed, Hasani concludes.

During this period Kosovo is found in a government stalemate. Riza Smaka explains what decisions the prime minister can currently make in resignation.

“As long as it remains in temporary operation, the government in the resignation, since it would have been dismissed even with the motion, Haradinaj would have to do basic tasks the approved projects that are in place mean only basic jobs, but not as they really belong to the government”, Smaka concludes./Periscopi/