Work of Resigned Government Up to Constitution of Institutions After Elections

The Constitutional Court has not yet indicated what competencies are and how the resigned government should function. Ramush Haradinaj after resigning from the prime minister's post, turned to the Constitution to interpret his resignation, but the court has yet to provide answers -- something for which connoisseur of the Constitution are saying it is unreasonable.

Mazlum Baraliu, professor of Constitutional Law, says this government is fallen from office and legal and constitutional competencies.

It explains that all this government cabinet can do is perform administrative and technical tasks, and in no way make decisions or meet.

Baraliu: Resigned government could carry out technical tasks

The key that this government can do is to carry out day-to-day tasks on our own, the entire cabinet, which has something to do with administrative technical affairs in the daily course of operational tasks that must be carried out, and with the implementation of decisions that the government or other institutions that decisions and tasks as executives, as the executive pillar of power, is obliged with the Constitution and with the laws in force to carry out. That is, he cannot make merit decisions and cannot meet, as he is not meeting”, he says.

Even after Ramush Haradinaj's resignation from the post of prime minister on 19 July, after receiving an invitation from the Special Court as a suspect, he has again appeared in his office, just as his subordinates and the entire government cabinet, which have continued working.

Haradinaj had even called the government's regular meeting on July 26th, but then addressed the Constitutional Court for interpretation of his resignation and definition of the government's competencies and operation after that act.

But the Constitution has not yet returned, and according to Professor Baraliu, it is unwarranted.

He says it is irrational for the Constitutional Court to hold so long during an important institution such as the Government.

Baraliu: It is unwarranted that the Constitutional Court has not responded to the government's functioning

The reply (of the Constitutional Court) will be urgently needed, I think it is unreasonable, irrational, unwarranted by the Constitutional Court so long as to suspend an important institution, or say, I think the constitutional basis has no such thing to make the prime minister resign, but if there is no government or prime minister to make such initiatives it depends on the Constitutional Court's decision, which is both a final and irreversible merit: he says.

In the Constitution of the Republic of Kosovo, Article 95, respectively, provisions 5 are said to be “If the prime minister resigns, or for other reasons, his post remains at large, the government falls, and the president of the Republic of Kosovo, in consultation with political parties or coalition that has won the majority in the Parliament, mandates the new candidate to form Government.“.

The country's president, Hashim Thaci, had asked for a mandated name for the ruling coalition, but Kadri Veselin, on behalf of the coalition, had declared they want new elections.

Kosovo's sixth Parliament legislation yesterday has held the last session, where MPs have voted in favour of the Parliament's distribution, thus paving the way for extraordinary elections, whose date is expected to reveal the president.