Nutrellary: Government amateur act with Venice Commission has shamed Kosovo

The PDK chairman's adviser, simultaneously expert in international relations, has called the government's decision to dismiss Kurti's decision to take him to the Venice Commission, the issue of the president's decree for the mandate. According to him, the move is a crime that shames Kosovo in the eyes of the international community after going against the practices of this international institution. According to Nurlar, the outgoing prime minister made this move to blackmail the Constitutional Court by trying to have them involve the Venice Commission as its lawyer.

However, Nurellari explains, the opinions of the Venice Commission are recommendation and have no binding effect because the Constitutional Court is “exclusive and final institution for interpretation of the Kosovo Constitution”. According to him, it is usually the Constitutional Court that can seek a friendly advice or consultative opinion from the Venice Commission, not the government which in this case is part of the contest. Nurrellari also adds that it is unlikely that the Venice Commission will accept “an issue that is already under the process of review by the Constitutional Court of a country without the request of this court”.

The complete text of Nurelar's posting on Facebook is as follows:

As expected, the Venice Commission refused to address the issue of the mandate sent by Kurt's fired government. This government, dismissed with this amateur move that does not match the announced practices of the Venice Commission, has humiliated the state of Kosovo.

Bringing the case to the Venice Commission was the continuation of the dismissed government's campaign to pressure the Constitutional Court. After sending out the threatening letter, the move was the rotating blackmail of Vetevendosje Movement, which in the past has attacked the Constitutional Court with low shares such as sewage pollution or funeral processions.

Also, the outgoing prime minister, ridiculously and irresponsiblely, thinks he could involve the Venice Commission as its lawyer against institutions and other actors in Kosovo.

It is worth explaining that the Venice Commission's opinions have only a recommendation effect on the institutions of a member state. They could never replace the verdict on the Kosovo Constitutional Court act, which is the exclusive and final institution for the interpretation of the Kosovo Constitution.

As for constitutional issues, it should also be stressed that the Constitutional Court, not the government, is the only authority that can require a friendly advice or consultative opinion (Amicus curiae) from the Venice Commission. This is evidenced even by the consolidation practice of the Venice Commission, which has given the consultative opinions at the tribunal's request, rather than the parties that are part of the court processes.

It is also absurd by this unable government to be expected by the Venice Commission to handle and give recommendations on a case that is already in the process of review by the Constitutional Court of a country without the request of this court. The members of the Venice Commission cannot prejudge the decision that will come up on a specific issue that is in the process of judgment, and cannot define constitutional practices, as such is state exclusiveness and part of exercising their sovereignty. Hence, they also refused to take this whole issue into consideration by disparaging Kuri's banned government request.

Moreover, it is shameful that Vetevendosje is trying to break down our independent state institutions by addressing an international advisory institution.

We remember here about the pure hypocrisy of the party that has raised its career by attacking the closest international partners, accusing allies of neocolonialism and neoimperialism, as well as calling their rivals inferior political rivals to foreigners. So by bringing the issue to the Venice Commission, Vetevendosje actually showed disregard for Kosovo institutions.

Therefore, it should be reiterated that all political actors should be silenced when justice is spoken and that the Constitutional Court's decisions are final, indisputable, incompatible and binding for all.