Kusari-Lila: The Constitution can take our mandates with automatism

She says that after addressing President Vjosa Osmani in the Constitutional, this institution should show legal consequences in case the Assembly is not constitutionalised by 26 July, but, according to her, LVV's right as the first party in the February 9th elections to propose the chief governor is guaranteed by the 2014 bias of this institution.

The most real possibility, according to her, if there is no political agreement to elect the legislature's troops by the deadline set by the Constitution is de-certification, therefore the loss of the mandate of MPs of this legislature.

The parties that have so far been in opposition, in recent days, have added speculation about the possibility that the Constitution takes over LVV's right to propose the candidate for the Speaker of the Assembly, as it has been four months since the certificate of election results has been seized and the chief parliament has not yet been elected, which would pave the way after the formation of the new government.

However, in 2014, through an act of judgment, the Constitutional Court has determined that the first party in parliamentary elections enjoys the right to candidate's proposal for chairman of the Assembly.

Kusari-Lila, in an interview for KosovoPress, says the reason why the constitution of the Parliament is not finalising has nothing to do with the lack of the name proposed by the Vetevendosje Movement, such as the first party in the February 9th elections, but with lack of quorum or voter turnout in terms of the commission's vote for the secret vote of the chief parliament.

I don't believe it can be such a trial, because it would conflict with a preliminary act of the Constitutional Court itself. It means, the Constitutional Court with a court of law has guaranteed the right to the proposor to receive, personally to propose and elect the Speaker of the Parliament under the proposal of the first party or the winning party, and that is the case. While the reason not to close the constitutional hearing has nothing to do with lack of the proposed name, it has to do with lack of quorum or voter turnout. Therefore, here is a major contradiction in relation to the way or form of how the court can interpret or obtain the first party's right to propose the candidate for chairman, she points out.

While there are still two days left to expire on the Constitutional deadline for the constitution for the constitution of the constitution, Kusari-Lila says it is unclear what can happen in terms of the judicial consequences if the legislature's troops' elections are not granted until 26 July.

However, according to her, a real possibility, if there is no political agreement for the constitution to be binding, is also the decertification or loss of the mandate of current MPs.

The Constitutional Court's verdict has set a deadline, which has been difficult to find in which the provision of the Republic Constitution is defined. Thirty days in proportion to the call of the hearing, while they have transferred thirty days to complete the constitutional session. In that sense, even the loss of the MP's mandate, or the decision to do so in relation to the Constitution or provisions defined by the Constitution, is not provided to the non-compliance of the Assembly... it may be, but this still has to come as the interpretation of the Constitutional Court, that is, we cannot now predict that by automatism we decetify or receive mandate, only that is not respected. It means, the Constitutional Court must already come up with additional information on the consequences in case of non-compliance of the Parliament within thirty days under their first act of”, Kusari-Lila points out.

Kosovo has not established new institutions, despite parliamentary elections being held on February 9th.

MPs elected on Friday 25 July will attempt the 52nd time to constitute the Kosovo Assembly. The Constitutional Court on 26 June has obliged Kosovo Assembly deputies to constitutionalise the ninth legislature through July 26th, but has not specified judicial consequences if that does not happen.

The MP, whose party is in the ruling coalition with LVV, speaks of KosovaPress even as regards national security and aggressive rhetoric of Serbian President Aleksandar Vuciq to Kosovo.

According to her, Vuciqi's goal is to make Serbs feel insecure in Kosovo and to arouse a sense of distrust of institutions.

One such thing, it claims, was also spread in the case of Serbian official Igor Popovic's visit to the Rahovec municipality, by which case he was arrested because of his serious language against the Kosovo Liberation Army.

In this respect, Kusari-Lila requires greater unification of the political spectrum in Kosovo when it comes to threats from Serbia, rather than using “cinism and irony”. / Periscope/