Haxhiu Albulen or compromise: How'd you get out of here?

The Kosovo Assembly Constitutive session, which began on April 15th, was interrupted for the fourth time and has been delayed for Wednesday at 10:00.

The Vetevendosje (LVV) movement, the winning party of the February 9th parliamentary elections, as well as three other parties -- the Democratic Party of Kosovo (PDK), the Democratic League of Kosovo(LDK) and the Alliance for the Future of Kosovo (AAK) -- have blamed each other for blocking the constitution.

The Vetevendosje movement, which insists on the proposal that its deputy, Albulen Haxhiu, be speaker of the Parliament, has sought agreement with other political parties on the issue, as well as on electing the legislature's deputy chairmans.

LVV's proposal has been consistently rejected by PDK, LDK and AAK, broadcast Periscope.

Possible Compromise

Albert Krasniqi, from Democracy Plus (D+) in Pristina, tells Radio Free Europe that, politically speaking, the constitution is located in a blockade, due to the Vetevendosje Movement, which has not increased to provide the 61 votes necessary by MPs to approve its proposal.

“When you don't have the numbers, it seems compromise and you can't impose candidates [for Parliament Speaker]”, Krasniqi points out.

He adds that, taking into account the minimal rejection of LVV's proposal by three other parties, The PDK, the LDK and the AAK, the winning party would have to launch five.

“It would take for the Vetevendosje Movement to make efforts to dialogue with political parties, in order to have a suitable candidate at least for most MPs in order to unblock the situation”, Krasniqi says.

Similar sentiments are shared by Constitutional Law professor Mazumum Baraliu. He emphasises that by Wednesday, when the session is expected to continue, political parties must find a compromise that would unlock the stalemate, in which the constitution of the Assembly is stuck.

Compromise, according to him, implies an agreement involving proposals in the package, for the Speaker of the Parliament and for the five vice-presidents, from the Albanian parties and the non-Serb and Serb minority communities.

During these 48 hours, let [political parties] agree to find compromise in the package. So, if not with this candidate who has three times failed the party or the winning coalition then with another candidate who may be more acceptable to other parties, as head of the Parliament, as well as to candidates for vice president”, Baraliu points out.

According to the Kosovo Assembly Rule, any interruption of the Kosovo Parliament's constitutional session cannot last more than 48 hours.

While the PDK and AAK have suggested that the Vetevendosje Movement should propose another candidate acceptable to political parties, the LDK has stressed that it will not vote on any LVV candidate for the top parliament.

What if there is no compromise among political parties?

The lack of eventual agreement among political parties that would resolve the situation for the election of chairman and deputy Speakers of the Parliament would further deepen the institutional stalemate.

That's what Krasniqi and Baraliu think.

As they say, in the event there is no reconciliation between political parties for the election of the Speaker of the Assembly on Wednesday, there is no legal restraint for the constitutional hearing to continue every 48 hours after each break, “to the vast body of”.

Krasniqi expresses the opinion that the Vetevendosje Movement may not continue to propose another name for Parliament's chairman.

“If the LVV does not propose a name, then it can be contested in the Constitutional Court, because the right to propose does not even mean the right to impose a candidate and, much less, to block the constitution's constitutionalisation”, Krasniqi says.

But only the president of Kosovo, the ombudsman and the Kosovo Assembly have the right to address certain issues.

Professor Baraliu suggests that before any of the institutions eventually address the Constitutional Court on the issue of unblocking the constitution's constitutionalised process, Kosovo President Vjosa Osmani can intervene.

He emphasises that President Osmani has constitutional competence to ensure the management and “constitutional functioning of institutions”.

"In this case, well-being also means "profession and continuation of the Parliament's institution." On this basis, it can intervene at any time”, Baraliu stressed.

However, the president's intervention in this case is only a kind of mediation or invitation for political parties to agree to end the Parliament's constitutionalisation process.

On the contrary, according to Baraliu, President Osmani, the Ombudsman, or a group of Parliament deputies may submit a request to the Constitutional Court, “for assessment concerning limiting the deadlines for the constitutionalisation of the Assembly, and especially whether there are restrictions on whether there are limits to the repeat of the session every 48 hours”. “What should be done in this situation? The court [covenant] has also received an earlier statement so that no such questions can be asked and as”. But a proper formulation must be found in order to force the Court to give an adequate and competent opinion”, Baraliu said.

Free Europe Radio has been addressed to the Kosovo Presidency on this issue, but until the publication of this article, no response has been received.

Last week, Osmani had expressed her readiness to talk with political parties about the road ahead if they see this necessary.

Taking on differences between political parties over the election of the Speaker of the Parliament by the Vetevendosje Movement on Monday is said to have to be called to political groups, the Assembly constitutionalised, and then, reconciliation achieved for it to be distributed and the country to go to the polls. /Radio Europe Free