Endless Assembly: Why does the Constitution define the consequences for potential violators?

The next attempt to complete this process has been scheduled for August 28th on the tenth day of the 30-day deadline set by the Constitutional Court for Constitution of the Parliament.

But what if this deadline is not respected? The probability is, if <x0-feet” have been confirmed by some experts during the selection of four deputy speakers?

The Constitutional Court has not clarified this, nor has it provided answers to Radio Europe's written questions about why it has not determined consequences for potential offenders, reports REL.

A similar scenario was broadcast even on June 26th, when the Constitution has issued an act of judgment on the same issue, without imposing sanctions, which has also not been respected.

Maintaining Standard and Trust

Ehat Miftaraj, director of the Kosovo Institute for Justice, says the Constitutional Court has deliberately avoided determining the consequences of failure to comply with recent decisions to maintain the 2014 standard, under which the winning party has the right to propose the Speaker of the Parliament.

The constitution has attempted to preserve this standard both in June and August”, Miftaraj tells Radio Free Europe.

According to him, this institution has acted principlely uprightly, failing to prejudge the Parliament's deputies and political parties for implementing or failing to implement its decision.

Should parties be more co-operative for the constitution arrangement?

The trial always starts with the fact that its decisions, the Constitution, apply in confidence and not on the basis of personal, party and other resentments”, Miftaraj says.

However, according to him, the Constitution has had to impose a penalty measure on the chairman of the Constituent session, Avni Dehari, who had deviated from the agenda, demanding the establishment of a commission for the secret vote by the Speaker of the Parliament, in opposition to the Court's ruling.

“Constitutional”

The loss of a sanctions on Dehar has also highlighted former Constitutional Court Chairman Enver Hasani in an interview for Radio Free Europe on 24 August.

He has said that the court has deliberately avoided determining the consequences, relying on the trust of MPs and acting, as expressed, “with a kind of change of”.

“The reason why the Court is not pointing to the judicial and unconstitutional consequences for individuals who specifically obstruct and destroy the Kosovo Parliament's constitutionalisation process is linked on the one hand to the fear of its irrational policies and reactions, Hasani has said, specifically mentioning the winner of the elections, the Vetevendosje Movement, and the <x2brutity with which she has invited the lintic to the judges of the Constitutional Court<3).

In the same line with Hasani, analyst Artan Mujajiri estimates that the Constitutional Court has been under great pressure, especially before the June 26th act of prejudice what has produced unclear and open decisions for different interpretations by parties and public opinion.

According to him, the Court has avoided determining measures against violators because of the <x0nd concentration of public and non-public pressures”, especially from the Vetevendosje Movement.

The “It has an already very clear approach: when the Constitutional Court issues an act that suits it, it praises it. When he gives an act that does not suit his favor, he lynch and introduces the names that have made that decision. So, it's a tremendous pressure”, says Muhajari for Radio Free Europe.

Vetevendosje has named the Constitution's recent decision as “armir”, though its leader, Albin Kurti, has promised to respect any decision.

Without the full conviction being published, but after being declared by the Constitution on August 8th, Vetevendosje MP Sali Zyba has published the names of the Constitutional Judges, saying that “a wants to take over LVV to propose Parliament Speaker”.

One Post Dejona Mihali, co-ordinator of the committees in Vetevendosje Movement, has done the same on Facebook.

Miftaraj and Mujariri stress that if the Parliament fails to be fully constitutionalised by September 18th, MPs or political parties can turn to the Constitution for clarifying the judicial consequences CHA could force the court to determine the steps for overcoming the institutional stalemate.

Hasani has also warned that the tribunal could be put in motion if the 30-day deadline is not respected.

Similar requests have earlier been made by President Vjosa Osmani, but has withdrawn it, because as the rapporteur for examining its request, Judge Radomir Lyban, whom she considers “a threat to national security”.

Even though Osman has withdrawn the request, Hasani has said the Constitution has the right to continue the procedure.

After the election of the chief league, Osman has shown hope that the constitution's constitutionalisation will be completed as soon as possible, in accordance with the Constitution.

Osmani withdraws constitutional application for constitutional session due to Judge Llaban

However, the issue could continue to drag on, as some connoisseurs of political developments consider the process of electing the vice-presidents has been unconstitutional.

According to them, voting for deputy leaders from minority communities cannot be divided, as has occurred at the 26 August session.

“The Constitutional Court's judgments have determined that the constitution's constitutionalisation should also be done on the basis of the practice thus far, under which the five vice-presidents of the Parliament have been voted in two separate packages”, is said in the reaction of the Kosovo Democratic Institute.

Albert Krasniqi, from the Democracy Plus organisation, has also said the procedure for electing two vice-presidents representing non-partisan communities should be repeated, since the manner followed has not been in line with the Constitution.

Their resolution should be made by a single vote, in the bloc, for both candidates”, he said.

This is the first time that the Kosovo Parliament's Constituent Assembly session is held with 58 follow-ups unbounded. The 59th effort is scheduled for August 28th. /REL/