16 minutes agoPolitical scene on fever, Constitutional decision could bring the president down
Periskopi(3 years ago)
(3 years ago)Four paragraphs of a PZAP decision, which was partially accepted based on the complaints of minority communities for the intervention they had had had in the process of voting Serbian List, are expected to give the Constitutional Court solid arguments for two deputies from these communities to be declared illegal, the sources of newspaper 10. That [...]
Both of these MPs have participated in the first round of the country's presidential election, where the task is for 80 MPs to be in the hall.
In the election of President Vjosa Osmani, in the first round has attended the 81 deputies hall.
As a result, the process of electing the president, sources say, could be declared invalid, and the current composition of the Parliament would be forced to vote on new president, or the country would go to the polls.
The whole story has to do with manipulation made by the Serbian List, forcing citizens of the Serb community to vote for loyal candidates to them within the lists of other minority communities. Through this pressure, this party had secured in the recent elections 10 deputies reserved for the Serb community, thereby receiving deputies from other communities in their parliamentary group.
The first to win the battle has been the deputy from the Bosniak community, Duda Balje. It had contested Adriana Hodzic's votes because the same were listed coming from locations where there are no Bosniak communities.
On the same argument, it is expected to gain the right to return the mandate of MP Veton Berisha from the Egyptian community.
But the changes are expected to take even to an MP from the Roma community, as the United Roma Party of Kosovo has offered evidence that the elected MP has received more votes from a locality than there are registered Roma voters.
That fact, the Electoral Treaty for Anxiety and Parastate has proved itself in the reasoning of decision A.r736/2021.
“Political subject Romani Initiative has received more votes than there have been potential Roma community voters to vote on the day of voting on February 14, 2021, [...] based on the 2011 Kosovo Statistics Agency report, O Report. The SEU of 2018, based on the final list of confirmed name name-name voting each potential voter. Votes taken in high-level polls by Romani Initiative are in disproportionate with the number of residents, of the Roma community, which represent invalid votes, for the fact that it is undemocratic standard, that with the votes of voters of another community to ensure the right to represent another community, and as such do not represent objective links between voters and the subject of voting”, it is written in PZAP's argument.
And so, P The ZAP has found another find.
“The right of voting and voting freedom in the case of reserved countries is not identical to the country's case, as for reserved countries it is of objective importance between voters and subject voting [added emphasis], because it alone ensures the right to representation in the sense of the LZP provisions and in the spirit of constitutional provisions and standards. Reserved countries are constitutional guarantees, which the Republic of Kosovo has made, with the sole goal of addressing advanced minority rights within the framework of state institutions”, the decision said.
These paragraphs of PZAP's reasoning are also found in the ombudsman's opinion of the Constitutional Court, referring to the same complaint.
“The People's Parliament considers that it is necessary for the Constitutional Court to consider the application by political subjects the Egyptian Liberal Party (PLE), the United Roma Party of Kosovo (PREBK), and individuals Veton Berisha from the Egyptian community and Albert Kinolli from the Roma community and to assess whether in the concrete case the electoral and participation rights, guaranteed with the Constitution of the Republic of Kosovo”, the opinion says.
The People's Parliament considers it the responsibility of the institutions of the Republic of Kosovo to organise the electoral process to guarantee the realisation of electoral rights and participation for all citizens of the Republic of Kosovo, including members of non-party communities”, the opinion says.
There, the Ombudsman did not want to be released in the assessment and interpretation of PZAP and GPS decisions.
Against this fact, the ombudsman estimates that for the same cases the decision-making bodies should make the same decisions. In this way it is guaranteed indiscretion of electoral rights and participation, guaranteed by the Constitution and international instruments, in contrast, if for the same case different decisions are made, then there is a situation of inequality and double standards set by the decision-making bodies. In the case of the complainers, the Ombudsman notes that PZAP and GPS have used the arguments presented by the complainers, and on their part have made decisions under which some have been partially approved, while others have been rejected”, contact the Ombudsman.
