Is Constitutional Minister Rassic's Name

But for Ehat Miftaraj, from the Kosovo Institute for Justice (IKD), such a appointment is not constitutional.

Rassic, from the Serb community, at the same time chairman of the Democratic Progressive Party, has been appointed minister for the Communists and Kthim from the Kosovo government on December 1st.

The post has been empty, as his predecessor, Goran Rakic, from the Serbian List, has resigned in early November, in a sign of opposition to a Kosovo Government decision to reregister cars with illegal Serb license plates in northern Kosovo.

The Serbian list ʹ the largest political subject of Serbs in Kosovo, represented in the Assembly with 9 deputies '%s', has reacted, considering Rashi's appointment as unconstitutional and taken without the consent of Serbian deputies.

Former Constitutional Judge Judge Judge Judge Mushkolaj tells Radio Free Europe that these claims do not stand.

The constitution is clear: the prime minister has the powers to change ministers even without the consent of the Kosovo Assembly”, Mushkolaj says.

She recalls here paragraph 4 of Article 94 of the Kosovo Constitution, which in an experimental way says the prime minister has competence “changed members of the government without the consent of the Assembly”.

The constitution is clear in which cases the approval of [the community] deputies holding guaranteed seats” should be.

However, Article 96 of the Constitution, which concerns representation of communities in Kosovo, says the election of ministers and deputy ministers takes place after consulting with parties, coalitions or groups representing them communities.

In the concrete case, if a person who does not belong to the Serbian List is appointed minister or MP, he should be approved by MPs representing the majority community in the Assembly, the Serbian List, respectively.

Commenting on this legal provision, Mushkolaj says:

The constitution is clear in which cases the approval of [the community] deputies bearing guaranteed seats: on the occasion of electing the government; on the occasion of passing laws of vital interest; on the case of adoption of constitutional amendments. But never during the government's mandate does the prime minister change ministers. Kosovo is based on the Constitution, is a functional state of”.

On the same issue, Kosovo Government spokesman Progress Kryeziu tells Radio Free Europe that Article 96 of the Kosovo Constitution has been respected in the case of government voting in March 2021.

Baraliu: If anyone has doubts, case is sent to Constitutional Court

Constitutional Law Professor at Pristina University Mazlum Baraliu also says the Serb community has exploited constitutional right after the last elections, offering its candidates.

Now, they have resigned, abandoned the right... and the government has been linked to Article 94, paragraph 4, where it says the prime minister can appoint and dismiss ministers without consulting the Assembly. If someone is disappointed, he can counter the case and submit it to the Constitutional Court”, Baraliu tells Radio Free Europe.

The Serbian list, which is controlled by official Belgrade, has already warned complaints to the Kosovo Constitutional Court about Rashiqi's appointment.

But, Mushkolaj says convinced that the Constitutional Court cannot make any different decisions, because the government's decision, she says, is legitimate.

Miftarian: Rashic's appointment disagrees with Constitution

Unlike Mushkolaj and Baraliu, she appreciates Ehat Miftaraj by IKD. In a constitutional respect, Minister Rassic's appointment is not in accordance with the Constitution and its spirit, he says.

Antix0> In Kosovo practice is being built based on the Constitution, so that in the cases of appointment of ministers who are not members of the Assembly, the formal adoption of most communities, which have been declared to represent that community that is minority in Kosovo”, Miftaraj says.

The fact that this practice has not been followed indicates that it is a constitutional offense, he adds.

From the European Union, spokesman Peter Stano has also said that, according to preliminary estimates, Nenad Rashiqi's appointment to the minister's post has not been made in accordance with the Constitution”.

What have they said in Serbia?

Serbia's President, Alexad Vuciq, has said that “Rassic does not represent Kosovo Serbs”.

He has used insulting words to Kosovo Prime Minister Albin Kurti, due to this appointment.

From the Office for Kosovo in the Government of Serbia has said that Kurti, with this decision, “has brutally violated the so-called Constitution”.

Rasp: Serbian List Do Not Understand Constitution

The newly appointed minister himself, Rassic, says the Serbian List “should engage someone” to clarify the Kosovo Constitution, because “does not understand”.

Rassic, in recent years, has acted as a Serb opposition politician in Kosovo.

Speaking to Radio Free Europe, he says that, as minister, he will commit to improving living conditions for all minorities in Kosovo, but, in particular, for the integration of Serbs into Kosovo institutions.

The “in the first place will deal with empowering Kosovo's authentic Serbs, their importance in Kosovo institutions and their economic development, as possible. So first we will focus on these” areas, Rassic says.

A large part of the Serb community in Kosovo is integrated into Kosovo institutions, but in the northern part, Serb parallel structures also function.

Following the government's decision to reregister Serbian illegal license plates é, which has since been suspended é have all Serbian officials from the north, both at the local and central level of Kosovo.

The Serbian list claims it has the support of over 95 per cent of Serbian voters in Kosovo.

Her change of ministers has happened earlier.

In 2019, then Kosovo Prime Minister Ramush Haradinaj has fired from the post of Minister of Agriculture, Forestry and Rural Development Nenad Ryson from the Serbian List, replacing him with Diana Zivic from the Independent Liberal Party.

Rikalos' dismissal has been one of the conditions of the opposition Social Democrat Party for supporting the Kosovo Government's draft budget.

Even then, the Office for Kosovo in Serbia's Government and the Serbian List have rejected this appointment, saying it “does not represent the will of the Serbian people”.