The mandate convention of MP and president... What's going on?

A complaint filed with the Constitutional Court of Kosovo about the legitimacy of the mandate of a Kosovo Parliament MP has sparked debate and questions in Kosovo about whether Kosovo President Vjosa Osmani's mandate could be jeopardised.

Although the Constitutional Court has not yet made a ruling regarding the complaint in question, the media have argued that if it proves that the mandate of the elected MP in 2021 is illegal, then even his vote or participation in the session to elect the president could be considered invalid.

How problematic has erupted and what exactly this means for the mandate of President Osman you can read below at short points:

Why is the MP's mandate being contested?

The Kosovo Assembly has 20 guaranteed seats for non-US communities.

Among them, 10 are guaranteed for the Serb community, three for the Bosniak community, two for the Turkish community and one for the Gorani community.

Meanwhile, for representatives of the Roma communities Ashkali and Egyptian are guaranteed by one seat, as well as an additional seat for one of those communities, which wins the most votes.

On February 14, 2021, early elections for the Assembly were held in Kosovo.

According to the initial results of these elections, the party, dubbed the Roma Initiative, had won two mandates of deputies in the Assembly (one for the Roma community, as well as the other one which is guaranteed for the three communities depending on the votes).

Several parties from the Roma communities, the Egyptian Ashkali on March 5th 2021, filed complaints with the Electoral Panel for Ances and Paraseta (PZAP), claiming the elections were manipulated because the Roma Initiative party had received votes in scompatible with the number of Roma residents in municipalities.

What happened after the complaint?

On March 7, 2021, The PZAP made a decision on the party's complaint, partially accepting this complaint.

As a result, the Roma Initiative party was cancelled in several municipalities, causing the MP's mandate that had been guaranteed for the three communities (ro, Ashkali, Egyptian), depending on the votes.

However, complaining parties were rejected for votes for the Roma Initiative to be annulled in several other municipalities, in Gracanica, Kamenica and Northern Mitrovica municipalities respectively.

According to the complainers, even in these municipalities there were ballots for the Roma Initiative party with the number of Roma residents in these municipalities.

The Supreme Court, which is the highest decision-making rate after the PZAP, rejected party complaints about the PZAP decision, leaving that decision in effect.

Thus, in the Assembly from 2021, the Roma Initiative is represented only by MP Fadil Gashi.

What has been asked of the Constitutional Court?

Following the Supreme Court's ruling, some representatives of parties of the Roma and Egyptian communities addressed the Constitutional Court on April 13, 2021.

In this complaint they claim there have been constitutional violations in the results of the February 14th elections and decisions, through which no ballots in the three upper municipalities have been cancelled.

They argue that the guaranteed countries for minority communities in the country should depend on the same community's votes. Otherwise, it is estimated that these minority communities do not have adequate representation in the Assembly, as the Constitution of Kosovo predicts.

These complainers have told the Court that if it proves that the current Roma Initiative MP is holding the mandate unconstitutionally, he must leave the Assembly.

The Constitutional Court has so far made no decision regarding this complaint.
What happens if the complaint is approved?
The annulment of the remaining votes for the Roma Initiative means that this party would lose even the only mandate it has in the Assembly.

The complaint sent to the Constitution explains that: If the current MP, Fadil Gashi, loses his mandate, MP Srdjan Galushi, currently holds the mandate guaranteed for the three communities (ro, Ashkali, Egyptian) depending on the votes.

Thus, another MP from the ranks of the three communities would come to the remaining seat, with the most votes.
Why is this issue related to the mandate of President Osmani?
Vjosa Osmani was elected president of Kosovo on April 4th of 2021, with 71 votes for and 82 deputies present in the plenary hall.

The president's vote is classified. However, at the Assembly session when Vjosa Osmani was finally elected, Roma Initiative MP Fadil Gashi was present.

Several days earlier, the newspaper10 had reported that the president's mandate might be in danger if the Roman Initiative MP's mandate turns out to be illegal.

The issue was covered in many media, often linked to December 2020's decision by the Constitutional Court, which brought down the then-led government of Avdullah Hoti.

The Constitutional decision was then based on the complaint the Vetevendosje Movement had made, which demanded interpretation of the vote of an MP from the minority ranks who was sentenced to the court's firm decision.

This vote by MP Ethem Arifi was among the votes that enabled Avdullah Hoti to be elected prime minister of Kosovo.

Ehat Miftaraj, legal expert from the Kosovar Institute for Justice, in a thought posted on the social Facebook network, has estimated that even if the Constitutional Court decides positively to the current requirement, “cannot be jeopardised by the president of the Republic or Government”.

He has said that the “have already passed the deadlines when it was possible to contest the legality of the election of the president of the Republic”.

He has also said that in this case there can be no comparison to the case of the Hoti Government, since, according to him, then, the demand was made directly regarding the legality of the government's election, while in this case only the legality of the MP's mandate has been disputed.

The Constitution of the Republic of Kosovo has envisioned three scenarios when the country's president can be dismissed:

If he/she was convicted of committing a serious crime;

If she/he is not capable of exercising the responsibilities of this post due to serious illness;

As well as when the Constitutional Court has determined that it/he has committed serious violation of the Constitution.