Arifi arrest warrant complicates Hoti Government's work

The warrant has been issued to send him to the prison sentence, as he has not been warned at the detention centre.

MP Arifi is sentenced to one year and three months in prison.

Free Europe Radio has tried to contact MP Arifi, but he was not available on the phone.

Albert Krasniqi, of the democracy Plus, speaking of Radio Free Europe, says the fraud of MPs with state money and disobedience to state orders represent the lowest blow lawmakers can give the state.

This is a huge damage to the country from the MP's (Etem) irresponsible behaviour. It would be good for Arifi to resign immediately and thus paves the way for his replacement in the” assembly, Krasniqi said.

How does one Kosovo MP lose his mandate?

Agnes Haxhiu of the Kosovo Democratic Institute says the issue of MP Etem Arifi's mandate has also been addressed by the parliamentary Commission for mandates and immunitys.

She says the commission has given recommendation to be carried out based on parliamentary practice in the past, when there have been such cases, without giving concrete recommendation on how to act, though the MP's case in question differs from past cases.

The panel's “Take into account this position, the head of the assembly had demanded legal interpretation on the part of the assembly's legal office. According to that legal interpretation, the MP in question in this legislature cannot automatically receive the mandate as envisioned in the Constitutional (Nine 70.6) and Order of the Assembly (entire 25.4) because by the time he was sentenced to a firm prison sentence, he was in the VIth legislature, so not in this legislature, and he could lose his mandate only if he goes into suffering punishment and is absent in the assembly's work for six months”, Haxhi explained.

According to Haxhiu, a decision to get MP Arifi's mandate, after six months of absence, should take over the assembly by 2/3 of the deputies present at the session, following recommendation by the respective parliamentary commission.

Hoti Government Vote Confirmed

The case of MP Arifi has already been sent to the Parliamentary Group of the Vetevendosje and to the Constitutional Court, for which the Constitutional Court has not yet rendered its judgment.

The Vetevendosje movement on June 11th had submitted to the Constitutional Court the request for “unconstitutional turnout and voting” by MP Etem Arifi at the session for the government vote led by the prime minister, Avdullah Hoti.

Mr. Vice President. Etem Arifi at his session and vote, the more like the determining vote, deepens even more the lawlessness of this government and makes the assembly's decision to vote on the government” proceduralally illegal, a communiqué to the media Vetevendosje had said.

Haxhiu thinks the absence of MP Arifi in the work and prosperity of the assembly does not affect the minimum majority of 61 votes currently having the ruling coalition in the assembly.

“If we even count the two votes from the New Kosovo Alliance (AKR) because even the AKR, although it is not part of the coalition, has so far acted in co-ordination with the parliamentary majority, unlike the other two opposition parties LVV and the PDK. But the quorum in the vote, from the hearings that have been held so far, we have seen that it is problematic in each session, taking into account a minimum majority of 61 MPs, who always create the opportunity to block the voting process at hearings, if the majority lack the opposition numbers does not participate in voting despite physical presence”, Haxhi said.

Will the arrest warrant on MP Arifi affect the government?

Analyst Krasniqi says that in the Government of Kosovo after the arrest warrant against MP Etem Arifi, there will be no major influence but the executive will have a majority support of MPs in the assembly.

The “will be a government which will not be able to count on its deputies' votes to push ahead the assembly's laws and agendas if there is no co-operation with other opposition parties”, Krasniqi said.

The replacement of Kosovo Assembly deputies under the rules of the assembly could take place within a short period of time (in five days), if an MP resigns.

Otherwise, Kosovo Special Prosecutor on April 10th of this year has filed charges against 19 people for <x0 use of official task”, including former Kosovo Government Ministers Mimoza Kusari-Lila, currently deputy of the Kosovo Assembly, Besim Beqajt, Nenad Rashiqi and Dardan Gashi.

Even in the government led by former Prime Minister Ramush Haradinaj, there were a total of six ministers with the indictment.

Misuse of official duty, possession of weapons and illegal employment were some of the charges weighing on former ministers.

The Kosovo Institute for Justice, for the sixth legislature, had proved there were more than 20 Kosovo Parliament deputies who have had open materials at the prosecution and courts for various criminal acts.

Unlike ministers and other government posts, MPs are the people's elected/ REL.