“Keeping the session without interpretation of the decree is constitutional violation”

In this case, the Assembly should act only when the Constitution comes up with a decision of provisional measure or final decision on constitutional interpretation of the decree President Hashim Thaci made to Avdullah Hoti for prime minister.

Thus says Constitutional Law connoisseur Riza Smaka, under which political subjects claiming to make new governments should not act until the Court verdict, as a political subject, in this case the VV has demanded yesterday that the provisional measures for suspension of implementation be imposed.

Professor Smaka stresses that the Constitutional Court has mandated to give temporary measures, which prohibit government formation until another final decision.

“In the rule of law when a political subject has been addressed to the Constitutional Court, then it would have to be banned to wait for the Constitutional Court's verdict and to take effect. And not to be set under exceptional extra circumstances, during days when no work is done, festive days, just to pick up a deadline in a very fast, urgent way that is not necessary. Thus, the Constitutional Court would have to be expected, and if not expected, a constitutional offense would also be made. The Constitutional Court has authorisation to provide temporary measures that prohibit government formation until the rules are established. So this is neither good politically nor ethically nor judicially”, Smaka stressed.

While, for opportunities Kosovo Assembly Speaker Vjosa Osmani to resign before this session, Professor Smaka claims that there cannot be hearings for the new government without chairmanship.

According to him, a special session must first be held for the election of the new chairman or chairman, then be taken into action with the Parliament's Labour Rule for choosing the new government in the spirit of constitutional opinion.

The “couldn't be held, though if the mayor or speaker was missing or could not be taken part, and the chairmanship makes one of the vice-presidents, but in this case it's not about absence and it wouldn't be ethical for an emergency session to be held even if that chairman would resign and lead one of the members of the Parliament's Headship. It would take a special session for the mayor to be elected, and then there is order for the Parliament's work, then be done with regulations of the Parliament. Meanwhile, the Constitutional Court would also give its opinion”, he says.

Professor Smaca said he supports the Constitutional Court to be quick and particularly to address the issue.

Even Constitutional Law Professor Mazbul Baraliu thinks that resolving the new government without an interpretation of the Constitutional Court would create a risk of having two governments.

According to him, the Constitution today must define with a measure of protection or prevention about the situation created in the country.

If the Constitutional Court does not make a decision today to set the precautionary or protective measure on which deadline it will make its final decision and prevent the Parliament as well as those political parties that are trying to bring about improvised solutions, then we can both have governments at the same time. We can also have situations that nobody knows where we're going and what they're offering us... So, if the situations were unpredictable, harmful and with consequences, I would even say inconsistent and eventually not dangerous are being created if not done quickly and crucially today by the Constitutional Court to appoint a safeguard clause”, Baraliu claims.

Professor Baraliu also says Vjosa Osman's possible resignation from the Parliament Speaker is not in the right time, while adding that Osman would not have to resign.

“It would not be good to impose, regardless of the tensions that may have been created or changed in attitudes within political groups, in this case even within the Democratic League of Different Views, it would not have to be affected by the assembly in any way and it would not have to resign from the mayor of the assembly, because it would create another hot neural point in Kosovo, that even another institution which has already been negotiated and by political will of the two political subjects that has been created successfully, and is being led by the current mayor. So, no one should be pressured by the” assembly, he says.

The Constitutional Court has announced that by 12: 00 a.m. on May 1, 2020, it will receive comments on the appointment of the interim move for the decree President Hashim Thaci made to Avdullah Hoti as the candidate for prime minister.

Yesterday, 30 deputies of the Vetevendosje Movement Parliamentary Group submitted to the Constitution the decree Thaci made to Hoti for prime minister. Among other things, the VV requested that temporary measures be imposed for suspension of implementation.