The Constitution holds the December session for VV's request for the government, the country risks going to the polls?

The Constitution holds the December session for VV's request for the government, the country risks going to the polls?

Kosovo's Constitutional Court will hold an online public session on 2 December to address the request of the Vetevendosje Movement, which has demanded that the government Hoti be declared anti-unconstitutional. The trial has decided to hold public hearings on December 2, 2020, and will soon be announced [...]

Kosovo's Constitutional Court will hold an online public session on 2 December to address the request of the Vetevendosje Movement, which has demanded that the government Hoti be declared anti-unconstitutional.

The court has decided to hold public hearings on December 2, 2020, and all parties of interest involved in this subject will soon be notified, said Veton Dula, director of the Constitutional Court's Office for Communication and Information.

The session is held since MP Eem Arifi was sentenced to prison at the moment of voting for the creation of the Hoti government. If the bias were in favour of Vetevendosje's complaint, the political situation would be complicated.

“Po would have to be voted in once again and therefore the government would have to be voted in by 61 votes so that we could have in government based on constitutional and legal rules”, Genc Nimoni, of the Organisation “Get up, the Law Study Programme and Democraticisation.

But in such a situation, do you risk the country going to the elections?

“The Assembly can vote a new government without any problems and not go to the polls. There is no need for the country to go to the polls if this vote is declared invalid and if will and politics can make numbers, why we can't have a new government with this formation of the UN”, said Florent Spahija, legal adviser to KDI.

It has been four months since the Hoti government has made numerous decisions, for which field connoisseurs, however, declare they will not be declared invalid.

“Government decisions have not been disputed, but the selection procedure has been rejected. And to declare illegal decisions, there would also have to be a process in the Constitution, where it would be required that Mr. Hot to be anti-unconstitutional”, Genc Nimoni said from the Organisation “Arise”, the Law Study and Democratic Research Programme, Euronews reports.

In this case, Kosovo has a precedent. In Pacolli's case when President has been elected, the Court has recognized his right, so Pacolli has said that Pacolli is president, and all decisions Pacolli has made at that time are legitimate decisions, and are accepted as state decisions. In this case, even in the concrete case, I consider it the same, so the same format should be established as in the past case as in this case”, said Florent Spahija, legal adviser to KDI.

The Constitutional Court has requested interpretation on the issue, even at the Venice Commission.

Whether the collapse of government Hoti will also depend on the opinion the Venice Commission will give. This is about the fact that the Constitutional Court has decided to address this Commission to take an opinion on whether there have previously been similar cases”, said Jeton Musliu, Euronews Albania correspondent.

The request for the government's anti-unconstitutional statement Hoti had gone to the Constitutional Court in June 2020.

MP Eem Arifi was sentenced to 1 year and 3 months in prison in May 2019 by the Court of Appeals. He had also appealed to the Supreme Court, which was rejected. Arifi is currently in prison after he was convicted of misusing a 26 thousand-euro government subsidy.

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