VVI signals continuation of the stalemate: Constitution gave green light to secret vote, opposition parties withdraw from rejection

This party estimates that the Constitutional decision gives them rights, reports Periscope.

“1. The commitment to complete the constitution is to all MPs, and not only to the first subject. 2. The mayor's choice and that of the vice president are on an equal level. 3. The secret vote does not present violations of the Constitution.”, says Vetevendosje's response.

Full response:

Today's Constitutional Court Act clearly highlights what we have repeated and insisted from the beginning of the Parliament's consisting process:

1. The commitment to complete the constitution is to all MPs, and not only to the first subject.

2. The mayor's choice and that of the vice president are on an equal level.

3. The secret vote does not represent violations of the Constitution.

1.
Opposition aimed at blaming Movement V For the non-compliance of the House. However, the Constitutional Court's act sometimes stresses that the obligation is to all MPs from all parties, not just the first party.

References to Act:

Paragraph 190,<x0... It requires all MPs to be present and vote for the constitution to be binding so that this one can start as quickly as it can function as a legal body, decision-makers and supervisor...”.

Paragraph. 191: “...the elected deputies of the Republic of Kosovo ... must, as soon as possible, not later than thirty days from the entry into force of this Act meet the constitutional obligation for the Constitution of the Republic of Kosovo Convention ...”.

The device, before. The elected “Deputates of the Republic of Kosovo ... must, as soon as possible, and no later than thirty-30) days finish the Assembly Constituent Seanca... “.

2.
Opposition MPs have repeatedly argued that the Vetevendosje Movement should compromise in terms of the proposed candidate for the Parliament Speaker, but have also insisted that candidates to be nominated, and on their part to deputy speaker of the Parliament, are non-negotiable.

The court has eventually rejected this contradictory stance, setting a mark of equality between the two cases, i.e. To choose the mayor and to choose the vice president. The bias sometimes emphasizes that both actions are necessary for the constitutionalisation of the Assembly and that the appropriate consensus must be reached for both.

So each party must exercise its constitutional right to propose candidates for the respective positions they are entitled to (heads and vice-chairs) and then, for all to vote on. On the contrary, all party proposals for respective positions must be negotiable, not only the first party's proposal for chairman. So, we like Movement V. We have insisted on the principled position that political subjects appoint their own candidates for respective positions.

References to Act:

First. 130: “... The court underlines that the right to propose the candidate for the decision's/president is directly related to reaching the majority of votes of all Parliament deputies. As such as this right for the candidate's proposal for the Speaker's/Kover's candidate is at the same time binding on the largest parliamentary group for trust co-operation and constructive consultation with other parliamentary groups to find the necessary consensus or compromise, and that this right in no way can result in the blocking of the constitution's framework... at the same time, such an obligation applies to other parliamentary groups who in the spirit of co-operation and constructive consultations propose candidates for the deputy chairman of the Parliament, which, based on paragraphs 3 and 67th of the constitution, as well as choosing the majority of the parliamentary votes of (4)6).

First. 133. The trial estimates that a Constituent session which is held, but does not choose the mayor/en and deputy head of the Parliament, fails to achieve the judiciary effect that the Constitution has determined, and that it is the incomplete session and therefore does not meet the required paragraph 1 of Article 66 of the Constitution”.

The device, before. The elected “Deputes of the Republic of Kosovo ... must quickly and no later than 30) days complete the Parliament's Constituent Seanca by selecting its mayor and vice president”.

3.
The opposition has hoped that the Constitutional Court would declare the proposal to pass to the secret vote.

Now that the Constitutional Court has given green light to this proposal, in terms of its constitutionality, opposition parties should also withdraw from their refusal to participate in the secret vote, if their refusal was due constitutional reasons, not for fear they might lose.

References to Act:

First. 178: “Gjykata points out that the question of voting in the Constituve Seance, respectively, whether the same should be openly or secretly determined neither with constitutional provisions nor at the Head IV of the Parliament's Rule. Court Notices Head IV (Constitute Constitution) of the Parliamenting Order, in the context of holding the constitutional session, there is no reference in Article 53 (Day Order Change), Article 57 (procedural options), as well as neither in Article 122 (Information of the House Order.) Each of these provisions of the Parliament Rule clearly and explicitly define the circumstances in which their scope extends, the parties that can initiate those actions or authorisations, as well as the issues that can be made or the time when such proposals could be raised”.

First. 185: “Consequently, this constitutional criterion that has conditioned the right of the proposal with the obligation to ensure the necessary number of votes for the Speaker of the Assembly, requires trust from elected MPs to find the compromise or consensus necessary for all issues that come up or may come up with the choice of candidate for the Parliament's president, or the way of voting, during constitutional bodies formed after free elections, but always within the requirements and limits defined with the Constitution of the Republic of Kosovo and the Framework of the Framework>