EU expects February 14th elections to be European standards

The European Union expects early parliamentary elections in Kosovo, scheduled to be held by February 14th, to be conducted according to European standards and to be transparent and inclusive. That statement was made by the EU after President Vjosa Osmani's task officer dissolved Kosovo's parliament and proclaimed the date of elections after the full publication of the Constitutional Court's decision.

This government decision led by Avdullah Hoti was named unconstitutionally elected, due to a vote by an MP sentenced to a firm enough decision. The European Commission's spokeswoman for expansion and neighbourhood, Ana Pisonero, said it is up to Kosovo citizens to choose their leadership, while for the EU it is important that elections be transparent and inclusive.

“We are aware of the February 14th announcement of parliamentary elections in Kosovo. The European Union expects reliable, transparent and inclusive elections in Kosovo, held in line with European standards, so that Kosovo can move forward”, said Pisonero, adding that the “European Union will continue to be engaged in Kosovo, to promote the agenda of European integration and necessary reforms”, she has said.

Consequences of Constitutional Court Decision

After the full publication of the Constitutional Court's decision, dilemma arose in Kosovo's media as to whether in these elections Vetevendosje leader Albin Kurti will be able to compete because Kurti and some senior Vetevendosje officials are sentenced to a firm court decision because they had thrown tear gas in parliament in 2015. The Constitutional Court ruling states that anyone who has a verdict on a criminal offence in the past three years is exempted from the possibility of running.

Former Constitutional Court Chairman Enver Hasani has called it absurd and chaotic in interpreting the Constitutional Court's decision through which anyone who is sentenced to an all-powerful verdict is unable to defeat competition for MP. According to Hasani, if this standard is practiced, there is risk that Kurti will be unable to participate in elections.

The main context is between the operating part under II and paragraph 260. This paragraph differentiates between those who cannot run and shows why and when and when they lose their mandate. In the case of losing the mandate, the Court has maintained the constitutional norm, while in the case of the candidacy, it has said that anyone who has a verdict on a criminal offence is exempt from the possibility of running”, Enver Hasani has said. According to him, in the case of Albin Kurti “if the case goes to the tribunal again, with this current standard, guarantees that they will not allow either prime minister. There is no other interpretation from now on”, Hasani has finished.

Contradictial thinking is the legal adviser in the Vetevendosje Movement, Blerim Sa Godi, who has commented on the Constitutional Court's full conviction of the government's vote, in which the most controversial issue, the halt of running for MPs for those convicted of criminal offence with a firm form ruling in the last three years, was also clarified. According to Sack, limiting candidates to compete in the upcoming elections is not worth Albin Kurti and candidates who have had alternative sentences.

According to Saqu, “The Constitutional Court's bias in content expresses the circumstances in the concrete case of losing the mandate to be sentenced to prison, Mr. Arifi, while the deviation of the content of this Act has been the object of neither our request nor the Constitutional Court is anything but malicious”.

These circumstances cannot be applied in other cases to the fact that the Constitutional Court's judgment has no retroactive effect on this case. On the other hand, when it happens, the limit not to run would have to be “indefinitely defined” as long as the legal and constitutional deadlines are. Otherwise any other action by the relevant authorities would be contrary to the principle of acquired law, which is the general principle of international public law and rooted as the element of the rule of law within the contents of the constitutional order defined in the Constitution of Kosovo”, Sa God wrote in his social profile Facebook.

On the other hand, Central Election Commission head Valdete Daka has said that all election candidates will be verified, unwilling to prejudge whether or not Albin Kurti will be allowed to participate in the election. We will implement the Constitutional Court's decision because it obliges us to implement all decisions. The CEC will make the decision to run Kurt or others. We will make the verification of candidates through the Kosovo Judiciary Council, where all candidate lists will be handed over, and on the basis of confirmation we will place”, Valdete Daka said.

“The law is the same for all. We will apply the Constitutional Court's act fully. We will verify all candidates, and depending on whether they meet the conditions, we will also certified or not”, Daka said. Vetevendosje Movement leader Albin Kurti wrote on Facebook that “after seven months what was known from the beginning was” that the election of the government Hoti was illegal.

“These elections are not premature but delayed. However, these elections are a referendum. On February 14th, bad politics is in front of the popular trial. Work and education, health justice”, Kurti wrote.

So far, though still uncensed by the CEC, political parties have introduced their candidates for prime minister and will lead election lists. Vetevendosje Movement with candidate Albin Kurti. The Democratic League of Kosovo is running incumbent Prime Minister Avdullah Hotin. The Democratic Party of Kosovo, with its candidate Enver Hoxhaj and the Alliance for the Future of Kosovo hosting the list, will have Ramush Haradinaj. He has not declared whether he will even be a candidate for prime minister, though he already openly claims the post of Kosovo president, who should also be elected by new MPs in the Kosovo parliament.