Ramush Tahiri expects Constitution to decide in favour of President Thaci's decree

The Constitutional Court must decide within the next three days on the country's president's decree for the new mandate to form the government. Political Affairs connoisseur Ramush Tahiri, in an interview for Kosovo Press expects the Constitution to decide in favour of the president's decree, which gives Avdullah Hoti the LDK to form the new government.

Tahiri even says that the Constitutional Court cannot decide in any other version except to respect the majority of parliament's will, which is the will of the people.

The decision of the Court by my position can be no different than to respect the will of the people. To respect the parliamentary majority, respect parliament and toʹsi provides access to any party or coalition, or any group of political parties to establish the government in parliament, and whenever the majority in parliament changes the government so many times as often, it says.

The ongoing Vetevendosje movement is insisting that it is the winner of the elections and that only it has the right to form the government on this mandate. But politicologist Tahiri explains that in the system what Kosovo is, there are no winners and losers, so he adds that the winner can count on a party, or coalition that manages to make the simple majority in parliament.

There are no winners and extinguishers but there are real. Each winner is the one who has received votes and is in parliament, and the winner is the coalition in the sense that it makes votes jointly and makes more than 50 plus 1 per cent of the vote and makes the government. A party that has come first has only the first opportunity to try to make the government, but if it doesn't find partners, it gives up the mandate and the government does others. It's always been like this, always will be, and that's the fundamental principle of parliamentary democracy. There's no other way. The court cannot make a decision to give the right to a party that is considered the winner that has come first. But this is not the exact term of the winner's definition. The winners for forming government are those who can make the government, not those who have come out first, second or third”, he says.

Based on these circumstances, Tahiri says a party that has only half a vote cannot block the parliamentary majority. He says that no coalition or party that has 61 MPs cannot form the government in Kosovo.

Tahiri: Can't have a party that has received 1/4 of the vote block 2/3 of the vote

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One party that has received 1/4 of the vote cannot block 2/3 of the vote. So the will of the people is in parliament, it's not in the first party, not in the second, but it's in all political parties. And the government makes parliament, not elected directly by the people, and the government makes parliament on the basis of coalition preferences after the elections they make. A pre-election coalition could have 49 per cent of the vote, but if it fails to make that 2 per cent of the vote to make the government a loser coalition and make the government those who have 51 per cent of the vote, or 61 votes out of 120 of what the Kosovo parliament has, he says.

Despite statements by Vetevendosje Movement officials that they will accept a Constitutional Court decision only if it is in their favour, Tahiri expects all parties will agree to the Constitutional Act. While adding that the following days Kosovo will be done with new governments and that it will continue its mandate as long as it has the parliamentary majority in the Assembly.

“I believe that the Constitutional Court's decision will be respected and the parties will agree to elect the government, that parliament will continue and as long as this majority of the country does not go to the polls. The country can only go to the polls with parliament's reconciliation. Never can the president of Kosovo take the country to the elections if parliament does not disperse itself by two-thirds, if the majority of parliamentary parties making up the majority in parliament are not declared to the president they want to go to the polls. Or in the motion for vote of confidence it is not written that the country will go to the polls after the successful” motion, he says.

The Constitutional Court has suspended the president's decree on forming the government and until May 29th must make a decision, either to continue the suspension, or to issue an act of judgment.