LVV and Constitutional Decision: Will the term for the constitution be respected?

The Kosovo Constitutional Court's decision, which would have to end the several-month institutional crisis due to the inability of the post-election constitution, so far has not interrupted political uncertainty, as the Vetevendosje Movement (LVV) has so far failed to state whether to respect it.

As Western countries and the European Union seek respect for the August 8th decision and call for compromise, parliamentary parties have again come up with opposing stances regarding the LVV criticises it, while others welcome it.

The Constitutional Court of Kosovo, late last week, estimated that the Kosovo Assembly should be constitutionalised within 30 days, that the chairman of this institution should be elected by an open vote, and that for a candidate it cannot be voted more than three times. The deadline begins to flow once the bias is published in the Official Journal.

The Kosovo Parliament's Constituent Assembly session was launched on April 15th, but it has not ended even after 54 attempts, as LVV é, which has won the February elections ʹ has nominated for Parliament Speaker Albulen Haxhiun, though rejected by other parliamentary parties.

On 1 May, the chairman of the Constituent session, Avni Dehari, changed the way of voting, from open to secret, and the establishment of a commission to monitor the secret vote has been rejected by other parliamentary parties.

Kurti: Waiting for Complete Prejudice

Kosovo's incumbent Prime Minister, Albin Kurti, simultaneously LVV chairman, declined to answer the journalists' questions if he would respect the Constitutional Court's decision, with the argument that there is no time after the next meeting.

On August 12th, he said February that “we should expect the full justice [of the Constitutional Court]”, stressing that on August 8th the Constitution only issued notification of the verdict. However, Kurt again did not clearly determine whether LVV will respect the decision.

Even from his cabinet the previous day, they have not provided a direct answer to Radio Europe's free question if they will respect the Constitutional Court decision, but have stressed that incumbent Justice Minister Albulen Hadziu has provided answers to that question.

However, Haxhiu, at a media conference on August 10th, initially said the Constitutional Court's decisions are respected, but in the same sentence added that “ato must be commented, they should be rejected, as I am doing here”.

What does the international community say?

From Germany's Embassy in Kosovo, they expect “all policy powers to fully respect and implement the Constitutional Court's decision” and that it now belongs to politicians of “who are urgently working to end this nearly six-month crisis”.

“We expect a quick solution, within [the Constitutional] deadline, and call on all political hedars to act towards a compromise. Failure to respect the decision poses a threat to the welfare of citizens and the EU integration path”, the German Embassy said in a response sent to Radio Free Europe.

From Italy's Embassy in Kosovo, in the REL question to comment on LVV's position about the Constitutional Court's decision, have said that “all political forces must agree on a solution to the current institutional and political stalemate, for the benefit of Kosovo and its citizens”.

The Constitutional Court has published significant clarifications [for further steps towards the constitution's institution]. All members of the Assembly are urged to respect this decision and work together in the spirit of compromise, so that the Speaker of the Parliament and vice-presidents” can soon be elected, the Italian Embassy for Radio Free Europe said.

From the French Embassy in Kosovo and from the US State Department have not responded to REL questions, while the Great Britain Embassy in Pristina have recalled the statement made prior to announcing the Constitutional Court's decision on August 7th that the court's “ability to function independently is of vital importance to Kosovo democracy. This should be respected and promoted by all sides, while its decisions should be respected and implemented”.

Even the EU Office in Kosovo, on August 8th, has called for compromise, stressing that there is no time for political blockade.

Case “Lieban”

Acting Justice Minister Albulen Haxhiu, on August 10th, has also accused one of the Constitutional Court judges, Radomir Luban, of co-operating with Serbia's Security and Information Agency (BIA), saying this data has been received from Kosovo security institutions. She has declared that the Constitutional Court and the Kosovo Prosecutorship have been announced for everything.

A few days earlier, the almost identical charge of Laban had made Kosovo President Vjosa Osmani, saying this Constitutional Court judge poses a threat to Kosovo's national security.

The Constitutional Court of Kosovo and the Special Prosecutor, until the publication of this text, has not answered REL questions on those charges.

Who is Radomir Lyban?

Radomir Lyban is currently judge at the Constitutional Court of Kosovo.

He was appointed judge by former Kosovo President Hashim Thaci in August 2018.

Initially, in May 2018, Thaci refused to decree Laban until the completion of a thorough verification by the justice organs, but decreed it several months later.

In 2011, Laban was convicted by a court in Serbia of criminal bribery. He was sentenced to six years in prison.

In 2017, Serbia has sent them EULEX a request for Laban's arrest, but the mission had said it has no mandate to make such an arrest.

Radomir Lyban was nominated by the Serbian List to be the Constitutional Court judge until Kosovo Assembly deputies approved his choice in this position.

The mandate of Judge Ljubljana at the Constitutional Court of Kosovo is nine years.

According to the Foundation Court of Kraleva, the absolute prescription of the execution of the sentence on Radomir Lyban, under the pre-trial form, will occur on June 4th 2032. In 2017 this court sent them EULEX has stated that there is no mandate to conduct such arrest.

Ehat Miftaraj, from the Kosovo Institute for Justice, tells Radio Free Europe that public attacks by President Vjosa Osmani and incumbent Minister Albulen Haxhiu, “clearly undermine the independence and integrity of this judge”.

“If there were untenable evidence and evidence that any senior public official poses a threat to constitutional order and national security, the same would have to be sent to the Prosecutor for criminal prosecution. In democratic societies, which appreciate the rule of law and principles of good governance, the minister or president should not resolve national security issues through media conferences”, he says.

Miftaraj adds that LVV, in the last four years at least, has had all the resources and opportunities through law enforcement institutions to investigate and bring cases to the prosecutor and court, to support public charges against Leaban, but that has not happened.

The Vetevendosje Movement has not publicly raised this issue until the Constitutional Court's final ruling, though it has made many other decisions that the LVV has not rejected. Therefore, the recent public charges could be seen as a political tool against the Constitutional Court, with the aim of reducing credibility and integrity”, he estimates.

Later LVV requests at Constitutional Court

The participation of Judge Ljubljana in the decision-making so far has not been controversial for LVV, which itself has turned to the Constitution for clarification.

In June 2020, for example, it sought recognition of the Constitution of the Avdullah Hoti Government, claiming that the Ashkali Party MP Eem Arifi's vote was invalid because he was sentenced to jail with decision of form. Early in 2021, the Constitutional Court ruled in favour of LVV and Hoti Government fell, bringing the country to the elections, which the LVV won and came to power.

Earlier, in April 2020, LVV was addressed to the Constitutional Court for Thought, trying to counter then-President Hashim Thaci's decree, with which Avdullah Hoti was appointed mandated for forming the government.

One of LVV's recent demands at the Constitutional Court has been in March this year, when this party called for assessing the constitutionality of the Supreme Court's decision, which had rejected its complaint on votes from the diaspora. / REL/ Periscopi/