Krasniqi: Constitutionality could send candidate non-certification case to Prosecutor

The Constitutional Court could issue an act of decision in the event its plea for the failure of candidates who are sentenced in the past three years is not respected. Even according to the Constitutional Court's work order, the case may even go to the State Attorney.

Albert Krasniqi, programme manager at “Democracy Plus”, said the Constitutional Court's decisions are bound to be implemented by individuals, institutions and state officials.

He has said there were trends in the CEC gathering that the Constitutional Court Act not be respected, through which the right to run for MPs is denied to anyone in the past three years being condemned for criminal acts.

If this act is not respected with the Constitutional Court's rule of affairs, it is envisioned to have it monitored implementation and, in case it sees it being implemented, then issues an act of decision through which it becomes more aware that the decision was not carried out and it is published in the official newspaper of the Republic of Kosovo, as well as the State Prosecutor... for failing to comply with the decision because it is also considered a criminal act, and other measures can be taken by the prosecutor<1> Krasniqi has said.

He estimates that disrespecting the Constitutional Court's decision is a disregard for the Constitution, and if that happens, he says, we risk becoming involved in anarchy.

“Disrespecting these judgments is disrespecting the Constitution, and implementing the Constitution is a must for all persons for all institutions, state officials and this cannot be left. On the contrary, we are at risk of becoming anarchy, each applying decisions that he likes rather than those that he dislikes. Their failure to comply would result in the consequences of all those who disobey the court's command”, Krasniqi has said.

The CEC at its round-of-day meeting has been the Certificate of the candidate list for deputies at a tense Sʹka certified the Vetevendosje lists, the Alliance for the Future of Kosovo and the Social Democrat Initiative, as there were persons who have sentences in the last three years.

Following that decision, parties have filed complaints to the Electoral Panel for Ances and Parashtres, which come up with a decision Tuesday.

But, Krasniqi, expects the PZAP to make partial decisions on the certificate of these lists, posing those candidates who do not have problems with the law.

“I am expecting the decision The PZAP will partially approve the pleas of the complainers, which means to allow the certificate, to enable the candidates, who are convicted of criminal acts in the last three years included on the list and only those candidates who have works cannot be certified”, Krasniqi has said.

The CEC's decision, for the failure of candidates convicted in the past three years, has been rejected by political subjects. Among the candidates that have been certified is the head of Vetevendosje and the candidate for prime minister from this party, Albin Kurti.

The Kosovo Judiciary Council in response to the KDR's request has found that 47 candidates for MPs have sentences in the past three years.