Less Hope for Vetevendosje in Regarding Arifi vote in the selection of Hoti Government

According to the lawyer and connoisseur of the Constitution, the Palushi Objection does not have much constitutional and legal grounds for the Constitutional Court to establish that the current MP's vote arrested Etem Arifi has been anti-unconstitutional in the selection of the Hoti Government.

My “expectations are that the Constitutional Court will not approve Vetevendosje Movement's request because after MP Arifi has lost the mandate, as the Court of Appeals ruling has confirmed his sentence with effective imprisonment, procedures for his replacement in line with the Kosovo Constitution and compliance with the Law on General Elections have not been followed. According to the latter, it is determined that at the moment a seat in the country remains empty as a result of the loss of an MP's mandate, then the Speaker of the Parliament must announce the Kosovo president and seek to fulfil the empty seat. Following the announcement by the Speaker of the Parliament, Kosovo's president should ask the CEC to announce on the current candidate to replace the MP who has lost the mandate. These two procedures, the announcement by the president's president's president on the one hand, and the other side the president's announcement of the CEC's replacement for Mr. Arifi has not taken place, and as a result it may be found that MP Arifi's mandate has not been replaced by another MP and in this case not to prove there has been violations of the Kosovo Constitution”, he said.

But if the Constitutional Court considers there have been constitutional violations in the election of the government Hoti, Palushi for Kosova Prees clarifys the procedures which will be followed.

The Constitutional Court will establish that procedures for electing the Hoti government have not been respected, however, were not constitutional. In this respect the procedure returns to zero point, meaning that the issue returns to the Kosovo Assembly session and the vote for the Hoti Government. That means there should be a new vote for the government's mandate proposal, Mr. Hoti, as the government's mandate, respectively, and this new vote must either elect the new government or fail. If in Mr. Hoti's new vote as a government mandate it is not successful, then only a round of voting is spent with which the president should within a 30-day deadline appoint a second candidate, according to the same procedure that has been followed before for the second round. And if the second round of the country fails, it goes to the elections”, Palushi said.

Annie why it can be declared unconstitutional, the decision of the Hoti Government, according to lawyer Palushi cannot be abolished.

“This government could continue as government in office until the new government is elected under constitutional procedure. Even those decisions cannot be abolished, as the government has acted, believing it has been elected constitutionally. That's why those votes cannot be rescinded”, he said.

The co-ordinator of the Constitution expects tomorrow after the Constitutional Court hearing to issue an official ruling on the case.

Every time there was a hearing of the decision was announced that day, or tomorrow. So after the hearing tomorrow, because we don't know how long that session can last, then the judges of the Constitutional Court will gather and review the arguments, the reporting judge's report and the arguments shown during the hearing hearing. I expect tomorrow at the end of the day, on working hours, we will also have the Constitutional Court decision”, said lawyer Palushi.

The Vetevendosje movement in June has disputed the selection of the Hoti Government to the Constitutional Court. According to LVV, the latter has been chosen unconstitutionally, as the crucial vote was by MP Etem Arifi, who, according to them, has lost the MP's mandate.

At the end of September, MP Etem Arifi surrendered to Pristina's Pristina Pristina Pristina Pristina Pristina Pristina Pristina detention centre, having been on the run for several months. He was sentenced in 2019 to one year and three months in prison for subsidies fraud. Despite that, he sought to postpone the execution of the sentence for, as he claimed, health causes participated in the government vote Hoti.