Chief American Councilman: The Constitution is right, if the election winner doesn't make government, the president goes to second.

The Constitutional Court's decision, which President Hashim Thaci's decree praised as in line with the Constitution, has sparked a major debate in Kosovo. American John Thunheim, who has been the chief adviser sent by the US government, has also talked about the matter to help draft the Kosovo Constitution.

Tunheim has assessed the Constitutional Court's recent decision on President Hashim Thaci's decree as fair and correct.

I think this is exactly correct. When members of the Constitutional Commission have met and when they have received assistance from the Venice Commission and international authorities, it has been a debate on this. There has been a concern that there will be a long period of time without government, which would weaken and destabilise the country. Therefore, the Constitution envisions a quick process of appointing the government, and if the winner of the election cannot form the government for any reason or if there is a successful no-confidence motion, then the president has the authority to pass the other possible majority, and after two efforts, that is all, you have to go to the polls at this point. But the president must go to a second group that can form the majority. The constitution is drafted in a way that encourages the formation of a stable government, and if there is no demand to go to the elections immediately, only when the 60-day period ends and there is no government, then it would go to the polls, because everyone has been concerned about the long-term period without government, which would clearly be destabilising”, he has declared in 7.

Judge Tonheim has also helped restructure the Criminal Code and Procedure in Kosovo. John Thunhiem has also worked on development projects of the rule of Uzbekistan, Georgia, Russia, Montenegro, Jordan, Hungary, Bulgaria, Macedonia, Kazakhstan, Kyrgyzstan, Moldova, Lithuania, Nepal and Ukraine, while now heads the court in Minnesota County in the United States.