Enver Hasani worries opinion: Constitutional Chairman's wish for Kurti tears down independence

Constitutional Court Chairman Arta Rama-Hajriz has for the first time decided to write a letter to the government's new chief, unlike the past, when such a congratulations had not been sent to Isa Mustaf, Ramush Haradinaj, Albin Kurti I, nor Avdulah Hotiti.

The Constitutional Leader has congratulated Albin Kurti on his new position, saying this moment is of particular importance to the prime minister and citizens.

“Your Honoring Prime Minister, I take the opportunity to express my highest concern and wish you success in the important tasks you have ahead of you.”, the Constitutional Court Speaker wrote.

Albin Kurti is voted for Chief of Government Monday afternoon Until the President of the Constitutional Court sent her a wish the next day, March 23. The government has published Arta Rama-Hajriz's letter three days later.

Uriing as Guarantee for Kurt

When in May 2015, Arta Rama-Hajriz was voted for the head of the Constitutional Court in the position of prime minister was Isa Mustafa, who had sent no letter of congratulations or letter of deepening co-operation.

Former Prime Minister Isa Mustafa has said about “Justice Vow” that she does not remember whether the Constitutional Speaker has sent written congratulations on expressing wishes for co-operation.

Mustafa says this wish of the Constitutional Court's chairman for the new prime minister makes sense after the same institution had toppled the past government to pave the way for elections that turned Albin Kurti back to the top executive.

“But what's very clear is that in this government, the Constitutional Court brought to power the Constitutional Court, which brought down Government and the previous Parliament with a strange act of judgment. Therefore, even prosperity has its meaning. There's also an additional guarantee that “we're here, there's who did this to you.””, former Prime Minister Mustafa has said.

Even on September 9, 2017, Arta Rama-Hajriz was the head of the Constitutional Court, when Republika Prime Minister Ramush Haradinaj was voted in.

She had not sent a letter of congratulations to the AAK chairman for the position she had taken.

“No.”, Besnik Tahiri has said briefly as he is asked if there has been any happiness from Rama-Hajriz for Ramush Haradinaj.

Former Prime Minister Avdullah Hoti has not spoken on letter to congratulate the Constitutional Chief, sent the new Executive Chief.

Miserable letter

Arta Rama-Hajriz is a Constitutional Court judge since 2012. In 2015 it receives its first term as Constitutional Court chief, while on May 22, 2018, it received its second mandate. Earlier, Enver Hasani had held that position.

Former Constitutional Court Chairman Sees Arta Rama-Hajrizi as He Knows

something ugly that directly affects the institution's independence. It even says that there is nowhere else such a practice when the head of the Constitutional Commission congratulates the Government Chief.

“This is ugly. It can never be practical. Never in my term can you imagine such a thing. No protocol expectations were ever invited by chief executive in my time.”, Hasani says, in response to “The Justice Trust”.

“There is no such practice but violates the independence of the Court”, Hasani estimates.

The former leader of the Constitutional Court sees Arta Rama-Hajriz problem as well as the fact that political parties still have time to contest Albin Kurti's new government vote.

“In addition, it burdenes down the independence of the Constitutional Court because legal deadlines that deal with the launch of procedures close to it regarding the constitutionality of forming the Government and the Assembly are still open. This makes it even more ugly because of the Constitutional Court's independence”, he added.

Hasan has said that in his day, neither the photograph of the chief of state was placed in the spaces of the Constitutional Court, since it represents conflict of interest.

“There's no logic on the side to be in pictures through the spaces of the Constitutional Court. At protocol expectations, meanwhile, the Parliament and the State Chief are invited, but they never dare appear as speakers. So the Constitutional Court should formally demonstrate its independence”, he said.

Even former Constitutional Court Judge Kadri Kryeziu says that never before before has any Justice Speaker sent a letter to the prime minister.

“We didn't have such a practice when I was part of the Constitutional Court.” said Kryeziu until he refused to comment on more.

Albin Kurti had irritated reports with the Constitutional Court, especially in May 2020, when the then president's decree for the mandate of Avdullah Hoti for prime minister was addressed. The Constitution had named Albin Kurti's statements as prime minister in office as pressure and threats.

“The Constitutional Court assures the public that it will not face such pressures and threats, and that there is no need for political or public protection from anyone, because the Constitution and the law offer all necessary guarantees to act independently and impartially”, written on Reaction of the Constitutional Court published on May 19, 2020.

Arta Rama-Hajriz will be in charge of the Constitutional Court even 57 days when his mandate ends. Before becoming part of the Constitutional Court, it has held the position of General Consulate of Kosovo in New York from 2008 to 2012. It also holds the position of legalism at the Faculty of Jurydical at Pristina University, where she continues her doctoral studies.