Express: Kurti deceived with the interpretation of the Constitution, there is no “construction” and “destructive” for motion

The German constitution and some constitutions of other countries envision the constructive motion when the government collapses and at the same time the new government mandate is proposed and voted. The German Constitution also envisions the deconstructive motion, where it is voted for the collapse of the government and is immediately transferred to elections.

This interpretation has been used by incumbent Chief of Government Albin Kurti, when he has reacted today to President Hashim Thaci's warnings, that he will seek to meet with political parties to launch procedures for forming the new government.

Kurti, in the long reaction at the Fb, mentions these two most unremembered conflicts in the Republic Constitution, which was adopted on April 9, 2008, and was in force on June 15, 2008.

The March 25th 2020 no-confidence motion was of a destructive kind -- aimed at overthrowing the government. That's it. It was not a constructive distrust of what the Parliament would present simultaneously a new offer for future governments. Voter FOR March 25, 2020, was nothing more than a QO vote BUY. As such she severed the power-people bond. He questioned the government in the way the people (and not Kuwait) answered. The Assembly brought down the government in the Assembly. The incumbent government governs”, Kurti writes.

Meanwhile, in the Constitution of Kosovo, at Article 100, it's only about “motion”, without classifying it in constructive or deconstructive.

It writes that the motion could be filed with the proposal of 1/3 of all MPs, while such a procedure could require the prime minister for himself.

In addition, the motion is successful if the majority of all Parliament deputies have voted, where then the status of elected Government is changed to office.

Otherwise, in the Constitution of Kosovo, nowhere is the structural concept “constructive” or “-deconstructive” mentioned.

All these interpretations have started to take place by political leaders, as the Kosovo government has been sacked by the vote of more than 2/3 of MPs in parliament.

Albin Kurti's party, except that it has said it will send the name for new mandates, has given other constitutional interpretations that the president cannot proceed with constitutional procedure but must announce the extraordinary elections.

In the Kosovo Constitution, Article 95, explains how the Government is formed. This article is also interpreted in a Constitutional Court decision.

In Article 80, the president is given the opportunity to distribute the Assembly after the no-confidence motion, but does not charge him because he writes that “The Assembly could be distributed by the president of the Republic of Kosovo, following the government's successful vote of no-confidence”.

When the prime minister's position remains at large because of his resignation or dismissal, then the president calls for the name of the government's new chief from the winning party. If the first party fails to form Government, then the president has discretion and decides to give the ruling party's mandate to send the country to extraordinary elections.

However, the biggest problem in Kosovo's Constitution is in the deadlines, as there is speculation about how long the winning party has its name sent to the president.

However, if someone does not exploit the legal and constitutional right, in democracy, he loses it because he cannot keep the institution blocked.

Consequently, the president of the Republic again owes the Constitution to give for the first time the possibility of Vetevendosje forming Government. If you fail or do not exploit that right, you are expected to have the Constitutional Court interpret the extent to which one is allowed to avoid using the right to give, and could such a right be misused.

President Hashim Thaci after meeting with US Ambassador to Kosovo Philip Costett has warned of the Constitutional Court's involvement in all this situation. Named “Role Vital” Constitutional.

Also, we discussed further procedures on forming a new government, which will be based fully on the Constitution of Kosovo, recognising both the vital role of the Constitutional Court” in this process, the president's statement after meeting with Costnet says.

A Constitutional Court interpretation of V case LAN has given the president the right to decide about who he will give the mandate for the second time. The State Chief's division is linked to the dominant criteria that meet the party or coalition so the country does not go to the polls. So far, the two criteria are that there are no new elections such as the pandemic, and the second criterion is the fact that 2/3 of MPs are together in the collapse of the Government.