KDI: Constitution under attack, constitution constitutionalisation risks entering new phase of blockade

He warned that the situation could produce new political blockades and bring the issue to the Constitutional Court.

He told Economy Online that the first violation has to do with disrespecting Article 67, paragraph 4 of the Constitution, under which first the right to proposal should be granted to the party representing the Serb community, broadcasts. Periscope.

“The Assembly framework has not yet been completed for the fact that voting has remained hostage on the issue of deputy chairman proposed by the political subject representing the Serb community, the Serb List. Although he was proposed four times in a row by the Serbian List party, however, Kosovo Assembly deputies hesitated to vote and decided to elect a deputy chairman proposed by this political subject. I personally continue to have the conviction that several procedural and constitutional violations were committed yesterday in the case of the proposal procedure and voting of candidates for members of the leadership from the ranks of non-party communities. The first violation, I think, would have to be that, according to the ranking, as specified in paragraph 4 of Article 67 of the Constitution, the party's first proposal that represents the Serb community in the Kosovo Assembly and then the second candidacy comes from parties of other communities that are not majority. And what happened yesterday, the chairman developed a procedure that was, in my opinion, entirely with the current parliamentary practice in Kosovo and contrary to the regulation of the work of the Parliament and procedure defined in the Constitution of Kosovo in terms of proposals and voting of members of the Parliament's leadership from among non-communal communities”, he said.

Bulaqu added that the voting procedure has been diverted from practice and replaced by lots, creating space for manipulation.

The procedure has been clear, as applied to the first three vice-presidents, the same would have to apply to the two vice-presidents of the non-party communities, and in package both procedures to vote and with 61 votes to be elected the candidacies proposed by the ranks of the Serb community. That didn't happen yesterday. Another violation that I appreciate is the fact that the chairman of the Assembly imposed a procedure on determining and selecting a member of the Serb community at the head of the Assembly through lots. Adjusting the work of the Parliament at Article 12 to paragraph 6 points 1 and 2 clearly specifys that the proposal for a member of the Parliament's leadership or for the vice-presidents from the ranks of the Serbian community should come from the party that has secured most of the seats in the Kosovo Assembly, which necessarily has to be the proposal coming from the Serbian List”, he said.

He accused the Speaker of the Assembly of being quick to maneuver to favour MP Nenad Rassic.

He said it would necessarily have to be allowed the procedure for the Serbian List deputy chairmanial proposal to apply and therefore submit to the voting procedure.

With the very fact that it accelerated the procedure and insisted on switching to lots, I believe it was intended to maneuver the procedure of selecting a member of the headship from the Serbian List in such a way that it is eventually given the opportunity to come in line through the lot to elect MP Nenad Raspi of his party, which has only one seat in the Kosovo Assembly. This party is not the Serb majority represented in the Kosovo Assembly, he is a candidate and has a seat. Even he was self-proposed as a member of the Parliament's leadership, legally he is not allowed because the chairmanship candidacy is always proposed by parliamentary parties that meet the conditions under the Constitution. The constitution stipulates, the first three deputy speakers are nominated by the three largest parliamentary parties. And for the deputy leaders of non-Serb communities, they are nominated in the similar spirit on the issue of deputy speakers coming from the ranks of communities. It would have to be allowed the procedure for the Serbian List deputy chairman's proposal to apply and therefore be submitted to the voting procedure”, he stressed.

According to Bugakku, at the next session, voting should be repeated for minority deputy leaders, ranging from the Serbian List candidacy and then with candidates of other non- majority communities, as has been the practice so far.

He has called this procedure unintelligible and estimated that after that there is an effort to exclude the Serbian List from participating in the country's institutional life.

“To address this procedure to say no constitutionally to the appointment, proposal and vote of members of the head of the Assembly coming from the ranks of the communities, the chairman of the Parliament must at the next session again develop the procedure of electing the vice heads of the Parliament coming from the ranks of communities, and just as it has always been according to the practice until now, and according to what is determined in the constitutions and in the work regulations of the Parliament, initially proposes the candidate of the Serbian community and then proposed candidate of other parties in the country, because it has always been followed and that is always yesterday. It is unclear and unintelligible why they are running out of procedure, why they are misinterpreting the issue of the Assembly's constitutionalisation in terms of electing members of leadership from the ranks of non- majority communities. Obviously, they want to exclude the Serbian List from any kind of participation in institutional life in Kosovo”, he said.

He said that without reflection of Albanian parties the blockade could deepen.

According to Bugakku, if the Serb List's candidacy rejection continues, then this party has a legal basis for sending the case to the Constitutional.

“I believe that we are entering a new phase of the political blockade and procedures of the Parliament's binding, and I think of the fact that if Albanian political parties in the sense of implementing the Constitution do not reflect and give no vote to contract the Parliament and to be elected deputy head of the Parliament, which comes from the party ranks representing the Serb community in the Kosovo Assembly, this issue is likely to cause a relapse again. But it could also trigger a new interpretation of the Constitutional Court. I believe that if even tomorrow, even at the next session, the candidate proposed by the Serbian List is unable to vote, then they have the opportunity to send the case to the Constitutional Court and ask if this procedure, as is now being applied by the new Speaker of the Parliament, violates the rights of representation of the Serb community in the Kosovo Assembly chairmanship and therefore they have very easily to argue on the basis of the current parliamentary practice”, Bugak said.