The prime minister's legal office: Haradinaj government still exists, has the right to meet

This Friday, Ramush Haradinaj will be seated again in the chair of the country's prime minister -- a full week after the irrevocable resignation from the same post.

As KTV reported the day before, Haradinaj has called meetings for Friday, with at least 12 agendas.

These include appointing members of the Civil Authority Board, carrying a property from KEK to the Obilic municipality, as well as decision to expropriate land for the new border point between Kosovo and Northern Macedonia.

Government spokeswoman Donjet Gashi has told KTV that the meeting will be held against legal questions that have been raised.

KTV has also seen the three-page opinion of the Prime Minister's Office Legal Office in preparation for this meeting.

It is initially found to be the first time such a resignation has taken place since the Constitution's entry into force in 2008.

The Legal Office refers to the constitutional framework specifying that, despite its resignation, the prime minister plays the interim prime minister's role until the election of the new prime minister.

Comparisons to the constitutions of Albania, Northern Macedonia, Serbia and Croatia are being taken to clarify the situation.

The Legal Office agrees that the situation, defined by Article 95, paragraph 5 of the Constitution, when the prime minister resigns and is considered to be a problem of analogation with the situation when the government is considered in resignation, meaning Article 100, paragraph 6 of the Constitution of Kosovo. Such a interpretation approach has also been applied to the Constitutional Commentary of the Republic of Kosovo, authored by Professor Dr. Enver Hasani / Prof. Ivan Cukalovic, in terms of Article 95, paragraph 5, which says it means Article 95.5. The government is delivered by the prime minister and the dismissal, resignation or remnant of the vakante prime minister's seat, brings the ipso iure consequences of the Government's consideration as downloading”. The dismissal means the successful passage of the government's no-confidence motion in the Parliament, in terms of Article 100 of the Constitution.

So, the word “bie,” said in Article 95, paragraph 5. *Hyjala “bie” exists only in the English version of the Constitution, while, in the Serbian language version, this word is missing in this provision -- not to mean the state of non-resistance of government, but to exist in a government “resignation “, respectively, and with it, the institutional obligation of the government in the resignation to meet some of the governmental duties aimed only to cover the institutional vacuum until the new government is elected.

The prime minister's legal office considers that the assumption of the government's failure to adhere to 4 of the Constitution, which speaks of the existence of constitutional order institutions.

The Legal Office says the Government should be based on its competencies provided with constitutions and legislation in the government and that the Constitutional Court is the ultimate authority for interpretation of the Constitution.

All in the end, the legal office begged the prime minister to keep in mind that judicial opinions do not have legal authority, since the Constitution interprets only the Constitutional Court.