Blockada in the Assembly Risks State Function, Loss of EU Funds

Sociologist Artan Muhhaxhiri tells Radio Free Europe, that the non-compliance of the Parliament, “blocks the state and prohibits any political breath of its”.

“As long as the Parliament is not established and the Government, the whole state will be in a venerable state, because it will not be able to undertake any important project, nor can it participate in any influential process, since it lacks institutional legitimacy”, Muhramiri points out.

MPs from the Kosovo Assembly on Friday, April 25th, failed for the sixth time to constitute the highest legislature.

 

 

Why is Hagi a source of trouble for the constitution?

Albulen Haxhiu, a candidate for speaker of the Parliament who has nominated the winning party of the February 9th parliamentary elections, the Vetevendosje Movement, did not get the 61 votes necessary this time either.

Against Haxhiu for chief parliament have expressed three parties that in the past legislature were in opposition -- the Democratic Party of Kosovo (PDK), the Democratic League of Kosovo (LDK) and the Alliance for the Future of Kosovo (AAK).

The continuation of the Assembly Constituent session is scheduled for Sunday, in accordance with the Assembly Order, which says the session's continuation should not be delayed more than 48 hours by the suspension.

However, this regulation does not specify how many follow-up sessions can be interrupted.

As the process of restoring the Parliament has not been completed, the path towards forming the country's new government remains closed.

Muhramir believes that Kosovo, without new institutions, remains outside the spheres of Western partners' interest.

Without the foundation of institutions, no one will deal with Kosovo”, Muhramir points out.

He adds that Kosovo, at the moment, cannot benefit from the European Union's Growth Plan fund.

Of this fund, Kosovo is expected to benefit over 800m euros.

institutional complications leaving Kosovo without EU fund

Two days ago, the EU has stressed the urgent need for Kosovo's new institutions in order to meet European reforms, as well as benefit from the Development Plan.

Bekim Salihu, from the Institute for Advanced Studies, GAP, says that without the constitutionalisation of the Parliament, Kosovo cannot prosecute the draft law on ratification of the agreement with the EU for attracting the original grant.

Kosovo has not yet benefited the first tranche, which is about 65m euros. Kosovo has not managed to meet technical, procedural issues yet. As a result, the EU is unable to execute the means due to these institutional and political complications we have in place”, Salihu tells Radio Free Europe.

He adds that if the constitution is stalled further, there is a risk that Kosovo will not benefit at all this year from the EU's Growth Plan.

Without a constitutional decision, as Salihu says, Kosovo cannot have full government. As a result, it cannot approach dialogue for normalising relations with Serbia, which is the European Union's request and insistence, as the mediator of the process.

In this context Thursday, European Union envoy for Kosovo-Serbia dialogue Peter Sorensen paid an unprecedented visit to Pristina, where he met with Kosovo's chief negotiator for dialogue, Besnik Bislimi.

One of the first [EU] requirements, not to say the only one, was for Kosovo to hurry to establish institutions, in order to then postpone the normalisation agenda or negotiations between Kosovo and Serbia”, Salihu says.

He adds that continuing the dialogue process has a regional effect on security, but also sends the message that Kosovo is a serious state.

Currently, Kosovo is governed by a government in office. Under the Law on Government, such executives only carry out necessary activities planned with the annual plan and the Law on the budget.

What's the government's resignation law say?

The incumbent government does not approve the initiative to link international agreements requiring ratification by the Assembly, does not endorse bills, constitutional amendments, strategy or conceptual documents, nor initiate new procedures for appointment in public positions, nor propose candidates for positions requiring appointment by Parliament, etc.

Muhramiri points out that since the noncompliance of the Parliament also blocks the process of a new government, this whole situation goes, in addition to the harm of the citizens of the country.

So any process, which concerns the daily lives of citizens and depends on the institutional decision making of the Parliament or Government, is blocked and cannot be revived without the creation of the” institutions, Muhrami points out.

Kosovo, according to its Constitution, is a parliamentary state and the Assembly is its highest body.

Salihu stresses that without the constitution of the Parliament, Kosovo, practically, is blocked from functioning as a state.

“Nor can pass laws, nor can it proceed with laws, nor can any other actions be taken that are required. Of course, this may be understood as a missing condition for the head of the house”, Salihu said.

He and Mujariri agree that political party will are needed for the constitutionalisation of the Assembly.

However, according to them, the responsibility for overcoming the institutional stalemate falls more on Vetevendosje Movement, as the winner of the February 9th elections.

As such, they say, the LVV should lead to the reflection of political will and offer solutions, meaning political compromise.

However, they believe that “swore” in opposing positions between LVV on the one hand, as well as PDK, LDK and AAK on the other, does not warn that such a compromise could be reached soon. / REL