Baraliu: The Unexpected but Welcome Constitutional Decision

Baraliu in an interview for KosovoPress says the very fact that such a decision had to be expected 6 months shows that judges had their own dilemmas, even though they were ultimately voted unanimously by all.

It's not expected that there could be such a decision, even the fact that 6 months has been made to give an answer it has to be done for a few weeks indicates that there have been its dilemmas, the one who was eventually voted unanimously. But anyway, this Constitutional Court decision is welcome because the legitimacy of the last civic vote in a way or another with that no-confidence motion and the establishment of this government without conditions except for the agitations or political appetites of certain political subjects has not caused any enthusiasm and stability. Rather, it has been something that has not succeeded, and there has been no cohesion, yes, the majority, so it has been minority government and a fragile government”, he says.

Baraliu says the failure to co-ordinate between state institutions, due to the identity of the candidate's past for MPs, has brought the country into this situation.

Baralius has also found the Supreme Court guilty of this situation, which, according to him, has created confusion and speculation.

It's not good that we're making these mistakes like this. Our institutions had previously wanted to communicate and coordinate between themselves, to be coordinated to provide evidence for the people running for the Assembly. I'm talking about the CEC and the Kosovo Assembly, the Judiciary Council and others. This is not done, and we are where we are, so the decision is still welcome because it places fairness. And a Supreme Court ruling has caused speculation and confusion, which the trial in 2017 has counted in the sense of its determination only to those who by a court ruling of formal and final form, still has a complete decision to prohibit the right to vote”, he says.

Baraliu in this interview for Kosova Prees has also clarified the position of the president's task leader following the Constitutional Court's decision to go to the polls.

He says Vjosa Osmani, regardless of what happens to the Parliament, will be in the post of first state for six months.

The task of the presidential task leader has been won in another provision of the Constitution, and it exists for six months, no matter what is done with the Assembly. For now even after this decision, the Parliament is perfectly legitimate and is functional and the Government is what is not in its mandate, while the Parliament is in its full mandate until will is done through two-thirds of MPs' votes to distribute it, or the president. The task's submission if within 60 days the country's president is not elected, then the Parliament” is distributed.

If the country's new president is not elected within 6 months, Baraliu says institutional vacuum will be established, as the country's Constitution has not presupposed such a circumstance.

If we when elections are announced within 40 days after the Constitutional decision is made powerless, we fail to carry out our duties with the president in the six-month term, then we have an institutional vacuum and constitutional problem situation because it doesn't predict this situation. In fact, we don't have the president or the task leader, and this situation shouldn't be allowed in any way. Therefore, it is the task and motivation of political parties to be responsible and serious and to take advantage of deadlines in order to carry out all obligations to declare elections, hold elections and elect the president in the constitutional deadline”, he says.

The Constitutional Court announced last night that it has validated MP Etem Arifi's vote, thereby ousting the Hoti Government and sending the country to new parliamentary elections.