Annie, why in prison, Erem Arifi of Rexhep Selimi continues to pay as deputy

People's two elected, Eem Arifi and Rexhep Selimi, are also receiving salaries while remaining in prison, and they probably do not intend to release the post.

The high tides will enjoy another time until the regulation automatically lifts its mandate after six months of absence.

At the end of August of this year, it has ended up behind bars by Ashkali Party deputy Eem Arifi. The MP, likely with his vote, has entered history by taking a long road to the Constitutional Court, is continuing to be paid from the state budget to a large salary, as the people's elected enjoy.

This benefit, the imprisoned MP, who has not received the opportunity to resign will enjoy it until December 23rd this year.

On that day, six months from when Arifi was present at the last session, automatically removing the opportunity to exercise his position in the legislature.

Until now, no letter has been processed for MP Eeme Arifi”'s resignation, Kosovo Assembly officials say in a response to Gazeta Express, while confirming that by the end of the month Arifi will be able to maintain its position according to the regulation.

MP Arifi is not the only one among the 120 elected to have been arrested during this legislature. Months later, Rexhep Selimi, head of the LVV parliamentary group, and now former president of The PDK, Kadri Veseli, were arrested by the Special Court after confirming the indictment for war crimes.

So far, the head of the Vetevendosje parliamentary group has not issued office in the Kosovo Assembly, until Veselin has offered the resignation, thus freeing the country Fadil Nura from becoming an MP.

The last “that MP Rexhep Selimi has participated in is the date 03.11.2020. So far in the Assembly no letter has been prosecuted for his resignation”, officials from the Parliament have announced.

If Selimi does not offer the resignation he will receive a salary from the Assembly by May 3rd, even when six months from his absence at other Assembly sessions and activities.

The last time Selimi attended the session was November 3rd, when it was also discussed as being found.

Two days later, Selimi, along with former PDK head Kadri Veselini, former President Hashim Thaci and former Parliament head Jakup Krasniqi, has been confirmed for war crimes charges by the Special.

If Selimi, meanwhile, does not resign, he and Arifi will be paid for a month from the state budget of about 1,000 and 547 euros.

Parliament monitors say that way it is jeopardising the integrity of the Assembly and spending resources from the state budget.

Eugen Cakoli from KDI has said MPs should release positions for at least moral reasons.

“in principle, it would have to at least as a moral category, MPs to offer resignations from their mandate in order to maintain the integrity of the Parliament, but also not spend resources from the state budget for their salaries, since they are not performing their functions. That even, I appreciate that I indirectly present damage to the budget and public interest”, he says.

Cakoli adds that in addition to this legislature, three MPs have had problems with the law, and only one of them has offered the resignation.

The deputies that have problems with the law do not represent extraordinary development for the work of the Assembly. However, because of a ruling by the Supreme Court at the end of 2017, the same ones have been enabled to compete in the following elections. In the current legislature, we have at least three deputies having had problems, until one of them has already resigned and has been replaced”, he adds.

KDI tells Gazeta that these situations can be averted by resigning, or in the first place by not competing at all.

On the other hand, for MP Etem Arifi, who is already in distress of the sentence, is a matter of days when the same will expire for a six-month period of presentation in the work of the Assembly, thus losing the mandate. The other case, unlike nature, is MP Rexhep Selimi's, against whom there is no decision of formal form, but is as charged in Specialised Chambers in The Hague. However, I consider that the fact that the Constitutional Court is handling the very issue of MP Arifi, it is possible to create a good precedent and practice regarding the judicial effects in cases when MPs are having problems with the law. But it does not rule out the need for MPs to be the very ones who avoid such situations, whether by resigning or by not competing in the first place”, the House monitors say.

Once the 6-month legal term is complete, the issue of MPs will be discussed in the relevant commission.

In the Commission for Legislation, Commission Chairman Rock Manaj has told Gazeta Express that they will address the issue in co-ordination with the Speaker of the Parliament.

“Based on the committee's rule of legislation is activated in cases where an MP is in short supply for more than six months. When six months of punishment takes place, I believe by the end of this year, that I know what the dates are, the Speaker of the Assembly is obliged to have initially without the reason for the MP's absence of hearings, if she estimates there was no reason for non-participation required by the commission to handle this case. The Commission for Legislation handles the case and is obliged to recommend to the speaker and parliament, which, if granted or not, took over the” mandate, Manaj has said.

Under the law, MP Arifi and Selimi must be replaced in the Assembly with the most voted candidates of the same gender, under the electoral list of their political subjects.

The candidate to replace Eema Arifin is Qazim Rahman, while Rexhep Selimi will be replaced by Taulant Kryeziu.