Gashi: The Constitution brings about a decision that creates stability, it must be replaced by 2014

Gashi has also said that the Constitution must bring about a decision that replaces the 2014 decision and turns the situation into accordance with the constitutional spirit.

Time for a new Constitutional Court decision that brings stability and institutional co-operation! For Kosovo to have governance stability and functional representation, it is urgent that the culture of co-operation and political compromise be built. And this cannot be achieved without a clear constitutional basis for the way institutions are formed after the elections. Therefore, the Constitutional Court must bring about a new decision that replaces the 2014 decision regarding the election of the Speaker of the Parliament and that makes the situation in line with spirit and constitutional order, he has written.

On the other hand, he has stated that the principle of relative law must replace the logic of absolute law, which means that the party that comes first in the elections has 30 days to build the majority and choose the chairman of the Parliament, and if this is not, according to Gashi, then the Parliament's deputies have 15 days to elect a president/e from their ranks, on the basis of the majority.

The court must restore the situation before the unilateral change of voting procedure, because this change without formal approval of MPs is unconstitutional and does not represent the democratic will of the Parliament. The principle of relative right should replace the logic of absolute right. This means: The party or coalition that comes first in the elections has 30 days to build the majority and elect the Speaker of the Parliament. If it fails, then the Parliament's deputies have 15 days to elect a mayor from their ranks, on the basis of the majority, he wrote.

Further, he has said that if no constitutionalization is made after this time, then extraordinary elections should be announced.

If even after these 15 days the president's election is not achieved, then the president/ja, under Article 84, paragraph 2 of the Constitution, must announce extraordinary elections within 45 days to ensure the democratic functioning of institutions.

This model is:

) In line with the spirit of the Constitution of the Republic of Kosovo.

It ensures the winner's primary right in the election, without turning him into hijackers of the process.

) It applies the principle of the parliamentary majority, as the core of representative democracy.

) When there is no absolute exclusiveness, there is no absolute arrogance.

This arrangement would bring more institutional respect, more will to compromise, and more discretion in political rhetoric. Because nobody has the luxury that Sunday evening, not being an absolute winner, calling opponents “the hager of the ass”, and Monday morning to knock to build the majority.

) The solution is not the deadlock. The solution is the Constitutional Court's decision to establish order, balance and functionality.