What trial awaits Jakup Krasniqi from the Constitutional Court

The Constitutional Court is expected to interpret Kosovo President Hashim Thaci's decision in a few days to decree the mandate. Until such a decision has been made public, this institution has asked the heads of state to stop the pressure. Former Prime Minister Jakup Krasniqi, who has been part of the Commission for drafting the Constitution, has spoken on this subject.

Krasniqi says what is happening in Kosovo is not normal, as she adds that a time is being fought for usurping power.

The former chief speaker says the Constitutional Court is the only body that has the right to interpret the Constitution, until it says it is obligated to facilitate a political solution.

Krasniqi has also spoken about draft the constitution's drafting documents, which were sent from Parliament to the Court days ago, while saying the solution would have to refer to judicial practices.

According to Krasniqi, the preparation documents are no longer valid than the Constitution, which provides the solution, saying politics has complicated a political solution for narrow interests.

Total interview:

Express newspaper: How do you assess the recent confrontations being made regarding the decision expected to be made by the Constitution? Are various cabs trying to influence the decision by using different forms, such as those seen these days by heads of state?

Krasniqi: The state functions on the basis of a constitution that envisions the responsibilities of independent institutions operating under laws that Mother and Dad have the Constitution. State institutions with the constitution have the independence of the action to be in service of the unique state, but the hostile functioning of independent state institutions made it disfunctionable. What is happening as long as in Kosovo is not normal, as it is a struggle to usurp foreign power and fail to function the power given to the Constitution and the law. So the state can't work.

Express newspaper: Being in the Kosovo Constitutional Commission group, which has drafted the main judicial act of the state, do you think a decision to be made before the end of May could be affected? How did you comment on statements that one of the parties might challenge the decision if it is not in their favour?

Krasniqi: In my opinion, the JCK is the only organ that has the right to interpret the Constitution. It is a body that in its interpretation is bound to facilitate a political solution, such as our case and the country's giving a fair and sustainable solution. Its decision is binding on all sides.

Express newspaper: After a several-year debate, the Constitutional Court has accepted from the Parliament, draft documents for drafting the Constitution, or “Preparational Works”. Do you have information on why these documents have not been published so far and do you think the same can explain the dilemma about the decree or new elections after the motion? But is there a dilemma about how elaborate or original they are?

Krasniqi: I'm not an expert in Constitution or laws, but one thing is known: The Kosovo Assembly is the highest state institution and all other institutions, including the president and prime minister, stem from it. It is then known that the Parliament makes decisions with the majority of the Parliament's deputies. I think that if an issue in the Constitution has not given fair choice, the JCK can refer to parliamentary practice. As for the material that was being checked, it would still have to refer to some legal practice.

Express newspaper: Can you explain to us Article 80, in the draft during the preparation work, a point has been removed saying that after the motion it is taken to the elections, which has been replaced by “Assembly could be distributed by the president following the successful vote vote of”. Why has this point been replaced, and does it mean that this point is interpreted in such a way that after every motion is voted, elections should automatically be declared? How do you appreciate that?

Krasniqi:  I don't believe the material you're talking about could be more valid than the constitution that was adopted by two-thirds in the Kosovo Assembly. The constitution gives the choice, but it should not be interpreted by politics, but by people who have claimed responsibility to facilitate a political solution that has complicated politics for highly meski interests.

Express newspaper: Right now, are you for new choices or not?

Krasniqi: The political atmosphere and the actual situation we have, in my opinion, choices are not a solution even with this legal infrastructure we have.