Miftarian: Constitution can suspend hearing on government formation until final decision

The Vetevendosje Movement's request to the Constitutional Court for interpretation of the president's decision to decree the LDK candidate for mandate is being deemed right. Kosovo's Institute for Justice Director (IKD), Ehat Miftaraj, in an interview for Online Economy said the Constitutional Court could decide during the day for the interim move, meaning suspending the session for forming the new government. These measures, according to Miftaright, will set a deadline until the Constitutional Court makes its final decision concerning the constitutionality of the president's decree.

“30 MPs have been seen authorised to submit the request to the Constitutional Court in the first case in terms of security measures and to decide on whether the president's decree is in accordance with the Constitution and the practice of the Constitutional Court, respectively, the 2014” act.

The Constitutional Court has the right to decide today regarding the appointment of the interim measure, which means suspending tomorrow's session to form Government”. The interim “Masa can set a specific deadline until the Constitutional Court's merit decision is made concerning the constitutionality of the President's decree”, Miftaraj said. But, Miftaraj stressed that if the Constitutional Court considers the security measure unnecessary, then the Assembly could hold the session on forming government, EO reports.

“If the Constitutional Court today takes temporary security measures regarding the president's decree, then to this extent it is determined that the Assembly session will be postponed for another date or until the Constitutional Court's merit verdict”. “The Assembly will not be able to hold the session, if the Constitutional Court considers there is no need for a security measure, of course, that the Parliament can proceed to the formation of Government”, Miftaraj said.