Third Street: Constitutionalist could rule against VVė request and against Thaci's decree

The Vetevendosje movement calls for elections at all costs, while President Hashim Thaci has decreed Avdullah Hotin for prime minister, who has been run by LDK) as the second party in the 6 October elections.

Both sides insist on acting according to their positions, while the Constitutional Court's troops are handling this political blockade in the country.

The option is seen as having the Constitution come up with an act of justice under which President Thaci's decree would be rejected and the VVA would also be given an opportunity to run someone for prime minister, but this time there would be a deadline when he should hand over his name.

Justice Ehat Miftaraj says the Constitutional Court can come up with an act that would not give justice either to President Thaci, who has already decreed the mandated by the second party to stand in the elections but not grant even VVCE, which only option sees going to the new elections.

According to him, the Constitution may decide to set a deadline, within which the winning party would send to the president the mandate name for forming the government.

“Taking on the fact that in this controversial phase there are issues that have to make the legal deadline when the winning party can easily propose prime minister to the president, and the right and obligation of the winning party that the first time itself or in the absence of enough votes to find a partner to form the government, the Constitutional Court can easily end with an act of judgment which, at the same time, may not give the right or contest the public positions of both President VV and parties that have already reached agreement on forming the new government, this setting up the legal deadline for the winning party to establish its right to form the government, and if it was not able to establish the second time, the Gazfax has told Gaz Express.

Analyst Arton Demhaja says the Constitutional Court's act can come out more closely with the option that the first country will be given the opportunity to form Government, but that the winning party of the October 6th elections is set a deadline within which it must hand over its mandate name to the president.

The closest “that can be issued by the Constitutional Court is that the president's decree for Hoti's mandate to reject and ask the president once again to give the mandate to the first party, which is Vetevendosje, but in due terms. I can give you a deadline for 15 days or where I know how”, Demhaya said.

If within that deadline you do not create the government, then the president's discretion comes to give the mandate for the second party”

According to Demhasajt <x0-elections may be unable by the Constitutional Court decision because we are at the start of the legislature's mandate”

Demhayan believes this option would prevent the first party from taking the country to the elections whenever it fails to get the majority.

There are two kinds of precedents created, whatever the situation happens. If we go to the elections, the precedent is set that every time we have new elections, if the first party doesn't create the necessary majority, it still goes to the polls. The other option -- granting the mandate to the second party -- creates another precedent, setting a deadline for the first party, and if it fails to form it, then the second party is mandated. For Kosovo, this precedent for the country to go to the elections is not favourable, so I think that the Constitutional Court should set a deadline for the first place and if it fails for two times, then the government will form, second,”

President Hashim Thaci has mandated the LDK's Avdullah Hotin to form Government after considering that LVV has not responded to his request for a new name proposal for prime minister, following Albin Kurti's ouster on March 25th.

After publishing the president's decree for the mandate of Hoti, the Vetevendosje Movement has handed over to the Constitutional Court this decision by Thaci, considering it has bypassed Kurti's party as the winner of the 6 October elections.

The Constitutional Court has suspended the president's decree and is expected until May 29th to come forward with judicial action over this issue.