5 years from Constitutional Decision About Election of Parliament Speaker

It is now five years since the Constitutional Court of Kosovo published the decision for “continent” between the PDK and the LAN.

The Constitution's final decision did not differ from the August 22nd 2014 announcement, where the election of Isa Mustaf to head of the Kosovo Assembly was nominated unconstitutional.

The Constitution decided in favour of the PDK, having fully published its decision on its website according to the assessment of the constitutionality of the decision to elect Kosovo's Parliament Speaker, voted by 83 Parliament deputies on July 17th 2014.

In the final ruling, the Constitutional Court does not provide clarifications whether, in the event of failing to elect the head parliament from one parliamentary group, the right to be passed on to the other group, which, therefore, nowhere in the Constitution, does it predict that failure in the election of the Speaker of the Parliament would cause new parliamentary elections to be held.

The “is the right and duty of all Parliament deputies to find the way to elect the Speaker and vice-presidents of the Parliament, in accordance with the constitutional provisions regarding the relevant rules of the Parliament and make the Assembly functional”, said among other things in the Constitutional Court's argument.

In a statement to the media, the bloc of parties in the coalition LDK-AAK-Nisma estimated that with the Constitutional Act, published on August 26th 2014, the way for the establishment of institutions by the LDK-AAK-Nisma bloc and other partners was opened.

“The bias, in particular at scores 126 and 127, confirms the right and constitutional obligation of MPs to find a way to elect the Speaker of the Parliament, which is elected by the majority of votes. The LDK-AAK-Nisma coalition, along with partners, will continue to finalise the construction of new institutions of the Republic of Kosovo, in line with the will of Kosovo's people elected. The coalition and partners are committed to building institutions as soon as possible in order to function on the interests of Kosovo citizens”, the response was said.

The Constitutional Court in its ruling has concluded that the constitutional hearing launched on July 17th 2014 has not been fully realised, the chairman and deputy head of the Parliament have not been elected. The Assembly should conclude its constitutional session by selecting chairman and vice-presidents in accordance with Article 67 (2), concerning Article 64 (1), the Constitution, and Head III of the work arrangement that applies these articles and in accordance with this judgment.