Albin Kurti writes long letter to Hashim Thaci, fails to name the mandate

Albin Kurti writes Letwr Hashim Thaci, doesn't name the mandate

The incumbent Prime Minister, Albin Kurti, has responded to President Hashim Thaci regarding his request to submit his name to the mandate of the new government.

He has said Thaci is using double standards and is trying to impose unconstitutional ways.

“Prime Minister-in-chief of the Republic of Kosovo Albin Kurti wrote letters to Kosovo President Hashim Thaci, in which he indicated it is clear that the current situation does not allow the elections to be held, and that is something we are not asking to do now, but once conditions are created after the transition of”, he has said.

Full letter:

Republic of Kosovo

Republic of Kosovo

Government

The office of Prime Minister Ured Premierera é Office of the Prime Minister

Date: 13,04,2020

Ref: 120/2020

Honored President of the Republic of Kosovo,

In your letter of the date 01.04.20, as well as during our interilateral meeting of the same date, you have stressed, re-exercise and magnify your will to respect the entire Constitution and laws of the Republic of Kosovo. So let me express my deep regret over your last letters, in which you openly declare your intention to bypass your constitutional duty to distribute the Parliament and proclaim new elections after the end of the battle against COVID-19.

Although in your last two papers, on the date 02.04,2020 and that of 10,04.2020, you are called into the constitution of the Republic of Kosovo and the Constitutional Court of the Republic of Kosovo Act in the case of KO10314 of the 30.06.2014 (published on 01.072014), your actions that are clearly contrary to the provisions of the Constitutional Court, which you refer to and the Act that you mentioned, show that you and your staff have not read the same carefully and carefully.

In your 1004.2020 release, stress that you have held consultative meetings with representatives of all political parties represented in the Parliament in order to assess the interest of political parties in relation to new elections or forming the new government. Let me remind you that it is not in the competence of the president of the Republic of Kosovo to assess the interests of political parties, but to protect state interest. Moreover, the Constitutional Court in its 84th paragraph of the Act of Justice in the case of KO 1/03/14 has explicitly concluded that “Gjycata reexon that the president of the Republic can consult only with the political party or with the coalition that has won the majority in the Parliament, whether the absolute majority or relative.” Therefore, by holding such consultative meetings, you have acted contrary to the Constitution of the Republic of Kosovo, because the Constitutional Court's acts are judicial acts through which constitutionality is carried out and considered the source of Constitutional Law. To be even clearer, as you know, before the meeting and after the meeting with you, you have been officially notified by me that meetings with you are being held in the prime minister's quality in office and accompanied by my two foreign advisers who are not members of the V Movement. I'm sorry. I've been at a meeting that for the topic of discussion there was a state of emergency health and the issue of declaring elections after the no-confidence motion.

Likewise, let me remind you that after the successful motion of distrust, through which the Government of the Republic of Kosovo has been dismissed, the president is not given room to play the role of a political act by attempting to impose his will on political life. The president of the Republic of Kosovo, as a constitutional body, a no-confidence motion gives him the right to fulfil only a action defined by the Constitutional Constitution. So the distribution of the Assembly in line with Article 82.2 of the Constitution of the Republic of Kosovo.

That this is the only procedure which the Constitution of the Republic of Kosovo envisions has never been questioned, even in the current constitutional practice. That there has never been consultative meetings with the political party that has won the majority in the Parliament is a non-northing fact. That the presidency has always considered immediate election announcement necessary, except that it proves that in 2010[1] and 2017[2] the Parliament has been disbanded and elections have been declared on the same day that the no-confidence motion has been voted in the Assembly, as well as confirmed by U.S. interviews. Mr. President. Jakup Krasniqi, who had stressed on the date 02.11.2010 that “may be good to clarify that this motion occurs according to the constitutional point of the Parliament and at the end of this chapter, at Article 82, it is estimated that if the no-confidence motion is backed by 61 MPs, then there are no more procedures in the Parliament. The only procedure remains the distribution of the Assembly and the appointment date for elections. This is done by the time of at least 30 days, mostly 45 days after the distribution of the Assembly.” Continued that the “with the Constitution has been envisioned since the motion was passed, I have the right to distribute the Parliament until ten days and then to decree the election date. But maybe there should be faster procedures here because time forces us to have faster procedures. Whatever the case, we will always act on the preexisting standards of the Constitution. ”[3]

In fact, the elections are the only option after a successful no-confidence motion was highlighted by you in 2010, at the extraordinary meeting of the Kosovo Assembly of the date 02.11.2010, when you sought the pro motion motion of no denial, you stressed that “Today I believe you will vote directly by ending the institutional and political crisis and then appear before citizens in new elections to regain their trust. By making such an act, which is fully in accordance with our constitution, you pave the way for the creation of the most powerful new institutions of our state with new legitimacy. ”[4]

Just because a no-confidence motion forces the president to announce the elections, The AAK at the time refused to participate in the motion vote under the argument that “According to this party, the government's no-confidence motion was not required to get the country out of the institutional crisis, but only with the aim of leading the country into extraordinary elections. ”

You're going to tell me that these processes took place in 2010, that's before the Constitutional Court took over in the case of KO 10314. However, the same case as it happened in 2010 in 2017 (after the Constitutional Act), where, after a successful no-confidence motion, the Parliament and the country have gone to new elections. Even at the extraordinary session of the Kosovo Assembly of 10,05.2017, initiated by the no-confidence motion had no dilemma that following the successful vote of no-confidence motion, there was only one procedure that should be followed and not in the Assembly, but the president's election declaration.

The way the Constitution has been alive so far, following a successful no-confidence motion, is in line with its spirit and letter, as public statements by the commission members testify to the draft of the Constitution. Among them Prof. Dr. Arsim Bajrami, who had stated in 2014 that “if the opposition manages to bring the prime minister down on the parliamentary path that happens in many countries, with no no vote of confidence, which is the main instrument of bringing down a government, to cut off the mandate, not to leave him for 4 years, but to punish him in the first or second year, and if the opposition succeeds, our Constitution does not give the opposition the right to make him the prime minister, but automatically leads the country into elections. We're not in the system of Italy. Moreover, it continues to stress that a consensus to determine elections as the only constitutional option after the successful no-confidence motion has been in co-ordination with you. We have this political system. There are such systems in other countries, but we have chosen it when we've written the constitution, not only we founders of the constitution, but it's been leaders with us, we've constantly known about these countries, there's been a consensus that we're taking this political system, and this political system is of this kind, that can't bypass the election outcome, and whenever it wants to be changed with new circumstances in the Parliament, then the government can practically collapse with a no-confidence motion, and the country can go to elections. ”

I understand that the current situation doesn't allow for elections, and that's something we're not trying to do now, but once conditions are created after the passage of the pandemic. But what I'm not clear is the double standard that you and political parties are trying to impose on the unconstitutional path, following this no-confidence motion that doesn't clearly and materially distinguish from previous practices. Maybe you can explain that?

1. President, since my first priority as prime minister, as well as the first priority of the entire government that I lead, is to prevent further spread of the COVID-19 virus, any other party or political issue should be considered of secondary or digestive importance, including in particular your continued interventions, which are hindering the work of Government in the midst of an emergency public health situation.

As if that were not enough, at the most inappropriate time possible, you are demanding that the state of emergency of public health increase a crisis of constitutional and political nature, at any cost, without any support in the Constitution, that the government be removed in office, right in the most critical weeks of our battle against us. COVID-19.

So in this spirit of fact and law I believe that it is now clear to you that it is not the President's duty to be imposed on paperwork by requesting candidate names for prime minister. Especially not at a time of emergency. But let me stress, this letter is not a refusal to give you a candidate name for prime minister. It is a reminder of the framework of your competencies and constitutional obligations that fall on the institution of the president of the Republic of Kosovo, following a successful no-confidence motion, because it is not in your discretion to impose unconstitutional scenarios. And besides being a reminder that the health of the citizens of the Republic of Kosovo is my priority and the government, it is an invitation that you too set as your priority by putting aside political games and risking no longer the life and health of our citizens.

With respect,

Albin Kurti

Acting Prime Minister of the Republic of Kosovo