Risk of unusual Kosovo situation after 26 July deadline

In this atmosphere of blockade, former Kosovo Constitutional Court Judge Judge Judge Gjjeta Mushkolaj says the burden of responsibility must now be handed over to the country's president, Vjosa Osmani, who has constitutional duty to ensure the democratic functioning of institutions.

According to her, the first state should intensify efforts to reach a consensus among political parties, and if that fails, seek additional interpretation by the Constitutional Court, to clarify the next steps.

The Constitutional Court must be more specific about the deadline it has set and the consequences that follow this deadline. The role of the Constitutional Court has not yet ended”, Mushkolaj tells Radio Free Europe.

Last week, President Osmani waited for two consecutive days for representatives of political parties to try to unblock the situation.

After the meetings, it clearly indicated that the constitutional framework within the 30-day deadline set by the Constitutional Court is “duet, not option”, and called on parties to find solutions as soon as possible.

Bekim Kupina, media adviser to President Osmani, told the REL that the president is considering legal opportunities to address the Constitutional Court with a request for clarification of the act, “in order to clarify the judicial consequences in case the Parliament is not conditioned within the deadline set by it”.

At the Kosovo Institute for Justice (IKD), the consensus is the only way to overcome the blockade and forge the Parliament by 26 July.

If that does not happen, Kosovo will face an unknown situation so far, says Naim Jakaj from this institute.

Kosovo will enter a new judicial and political situation, which it has not experienced before. Its consequences will be felt in the coming months, if the Assembly is not constitutionalised until July 26th”, Jakaj tells Radio Free Europe.

Can the mandate be obtained from MPs?

Neither does the Vetevendosje Movement, which came first in the February 9th parliamentary elections, have a clear answer to developments that could follow unless the Parliament is constitutionalised by 26 July.

On July 9th, in response to journalists' question on the issue, Vetevendosje MP Mimoza Kusari-Lila said briefly: “Unforeseen”.

Two days ago, it cited the possibility that all MPs in the Parliament will lose their mandate if they do not constitutionalise the institution within the 30-day term set by the Constitutional Court.

“ ... there are 120 deputies of the 9th legislature, which can be taken over, and then proceed with MPs who are on the lists of all political parties”, Kusari-Lila said.

But, Mushkolaj explains that the mandate of democratically elected deputies cannot be received by anyone.

The people have given them this mandate and the people receive their mandate. Only if we go to the elections. But, again, the Assembly must be dedicated to”, says the professor at Pristina University's Law Faculty.

Jakaj, too, does not see the removal of MPs' mandate possible.

He emphasises that Kosovo's Constitution, in Article 70, clearly defines the reasons for the outcome or worthlessness of the MP's mandate.

These include failure to swear, resign, appointment to the government, completion of the assembly's mandate, lack of six months in hearings, sentence with court rulings of formal form for criminal acts with one or more years in prison, or the death of the MP.

“On any of the provisions of the indictment, the Constitutional Court has not determined the collective or individual consequences for MPs, in case of non-compliance within the 30 days” deadline, Jakaj adds.

Even Artan Muhhaxhiri, sociologist and policy connoisseur in Kosovo, says the Constitutional Court's decision does not provide for receiving mandates from MPs, in the event of non-compliance of the Assembly within the deadline.

Moreover, he stresses, in post-war Kosovo there is no similar precedent.

He says such a step would require a new court ruling and changes in the manner of replacing MPs, but, nevertheless, would not guarantee overcoming the political blockade that is hindering the formation of institutions.

The first “, those MPs to come, would have less legitimacy and almost everyone would be anonymous, without political experience. The very fact that they have not been chosen proves that they have not succeeded either in the competition within their parties”, Muhramiri says of Radio Free Europe.

He adds that those who would replace current MPs would act under the guidelines of their party leaders, so their behaviour in the process of constitutionalising the Assembly would be the same as that of the current MPs.

We would return to the point where we are now, but with a waste of time and with a damage to Kosovo's perspective and the institutional image in general”, Muhaxhiri points out.

Where is the Kosovo Convention Constituent Session remaining?

So far, MPs have completed only two agenda points -- the provisional Commission's report on verifying mandates and MPs' oath.

The process is stuck at the third point: the election of the Speaker of the Parliament.

Vetevendosje Movement candidate Albulen Haxhiu has failed to secure the 61 votes needed in several ballots to be elected in the post.

Two parliamentary parties, The PDK and the AAK see Haxhiu as a divisive figure and call for the Vetevendosje Movement to propose another name for the chief parliament.

The LDK says it will not support any Vetevendosje candidate for the position.

And, Vetevendosje now insists that the Hadzi vote take place in secret, promising that if it does not get 61 votes, it will propose another candidate.

But this form of voting is rejected by other parties, putting the situation in a vicious circle.

The Constitutional Court issued the case for the 30-day constitutionalisation of the Assembly on 26 June, after 37 failed attempts in the process.

However, constitutional experts and political parties have understood and interpreted this decision in various ways.

Muhaxir says that to pass the blockade in the Assembly, it is necessary for the Constitutional Court to come up with a clearer and more direct decision. /REL