a few seconds agoO SB does not show whether to help CEC monitor and organise new elections in the north
Periskopi(3 years ago)
(3 years ago)The administrative guidance for the departure of mayors in northern municipalities has already been drafted. From mission O The SBEK in Kosovo, they have said that most of the comments they have given are reflected in the guidelines. On the other side of the court's connoisseur, it has been found that this administrative directive is not in accordance with the Constitution and that [...]
Local Power Management Minister Elbert Krasniqi has published yesterday the final version of administrative instruction for the citizens' initiative to remove the mayor from office. This administrative directive began as the favourable option of state leaders for announcing new elections, but then Minister Krasniqi said the same would apply to all municipalities.
Krasniqi has written that this administrative directive is aimed at determining the initiative procedure, organising and handing over the citizens' initiative to remove the mayor from office, in accordance with the Law on Local Self-Government.
On this subject, O mission The SBE) in Kosovo told him they have participated in two meetings organised by MAPL.
From the OSCE, they said they have given comprehensive comments, whose “most are reflected in Administrative Guide”.
The OSCE Mission to Kosovo, along with other international missions, has participated in two meetings organised by the Ministry of Management of Local Power on this subject. The mission has provided comprehensive comments, most of which are reflected in Administrative Guide”, the OSCE response reported.
O Chief SBE) in Pristina Michael Davenport met with Prime Minister Kurti yesterday. The issue of administrative instruction and elections in the north have been on their agenda.
O The SEU has not answered whether it will help the CEC on monitoring and organising new elections in northern Mitrovica, Zvecan, Leposaviq and Zubin Potok.
But for this administrative guide, there has been criticism from IKD and KDI, as well as former Constitutional Court Chairman Enver Hasani.
Hasan, when asked whether this directive is in line with the Kosovo Constitution, has said “jo”.
No “, because the assignment of rights and obligations, and the manner of their implementation, must first be determined by law. The constitution requires law. This is about direct democracy, which is a constitutional category, and the way its implementation is determined by law, is usually called the Law for Civil Initiative, Law for Referendum, or Law for Referendum and Civil Initiative. The constitution shows what it can be and what it cannot be subject to. Then the lawmaker is free to determine these two issues. But these two issues have not been regulated by the Assembly of Kosovo, and as a result, this directive has usurped a Parliament's legal authorisation, and has rated an issue that had to be rated with the Law for Civic Initiative”, Hasani said in an interview for the REL.
While yesterday, IKD's director, Ehat Miftaraj, said that at the moment this administrative instruction goes into effect, the petition of 20 percent of the voting lists in each municipality could be initiated.
The moment this administrative direction comes into force then according to this instruction, and under the Law on Local Self-Government, a 20 percent petition of voters can be initiated in the municipality for the dismissal of mayors. If 20 percent of the signings are collected through petition, then this type of mini-referendum can be assigned, where citizens can go out to vote for the mayors' dismissal, for which 50 percent plus a” vote is required, Miftaraj has indicated.
He said administrative instruction is not the right way to bring down the mayors, as according to him, creates precedent for the dismissal of mayors who have not committed any violations.
Whatever, The IKD has repeatedly suggested that this is not the right solution and way to remove the four mayors because it builds a dangerous precedent to dismiss the mayor despite the same having committed no violations or violated their personal or professional integrity, as it implies unnecessary budget spending when it knows that the goal or demand of international people is to hold elections in the four majority Serb municipalities in northern Kosovo. If there was political will, then the mayors of these municipalities would resign and give space to new elections”, Miftaraj has declared.
However, he says administrative instruction does not meet the legal framework, saying that under a preliminary analysis, the IKD estimates that instruction is not in line with law and constitution.
Meanwhile, several days before KDI announced administrative direction by Minister Krasniqi has said the draft prepared by MAPL has exceeded the legal definitions of the law on local self-government.
“On one side, MAPL has established procedures, deadlines and obligations under the initiative that goes beyond the law, and on the other hand, has not addressed irregularities in implementing the provisions in force. ”
KDI has said administrative instruction, except in contrast to the law, is insufficient to enable the removal of mayors. /GazetaExpress
