Miftarian: If the Assembly is not constitutionalized in 30 days, the issue could be brought back to Constitutional

Miftarian: If the Assembly is not constitutionalized in 30 days, the issue could be brought back to Constitutional

Kosovo Institute for Justice Director (IKD), Ehat Miftaraj, said each MP and every political party must give their best to take action to make the Parliament binding and clear the way for forming the Government. “If we read the June act, but even August as a whole, the Constitutional Court somehow [...]

Kosovo Institute for Justice Director (IKD), Ehat Miftaraj, said each MP and every political party must give their best to take action to make the Parliament binding and clear the way for forming the Government.

“If we read the judgment of June, but even August as a whole, the Constitutional Court somehow maintains moral integrity to political parties, the VV about what the competencies are, what the responsibilities of MPs and political parties, what legitimate expectations in a democratic society mean to these political parties or those who have the greatest political power and who can unlock the situation. That is, each MP, each political party would have to do its best to take action for the constitutionalisation of the Assembly to pave the way for forming the government. But when there's a serious lack of leadership, the political will for unlocking and all resources, all possibilities go to the blockade, then somehow they'll lead to a situation where I'm sure if the VV in 30 days doesn't contract the Parliament can be sent new materials to the Constitutional Court, where the Constitutional Court will have no other option than to explain the abuse with a right”, Miftaj said.

He added that copyright abuse occurs when a subject that has won over 42 percent of votes abuses this right, creating chaos and institutional blockades.

Even the June act of August in some way shows that abuse of rights is when you have a right under the Constitution, on the basis of the law, on the basis of legitimacy that you have received from the country over 42 percent of the last elections, when you abuse that right as if that right is not absolute, and then that right can be passed. And if the VV's goal is to get through, to go into chaos, where they make massive efforts not to make the constitution, not to become the formation of the government, but to have blockades, then I repeat, not only the Constitutional Court of Kosovo, but any constitutional court and a democratic country can't allow that, but it has to interpret this abuse based on spirit, the goal of Kosovo's Constitution for the democratic functioning of constitutional institutions in Kosovo<1>, he told EO

He warned that if the Vetevendosje Movement does not propose a candidate for the party-run coalition, other parties would be forced, after 20H25 days, to take measures and submit the issue to the Constitutional Court.

“We also believe the political parties, as well as the president, the public, the citizen has legitimate expectations, wants to hope, wants to believe that both VV and all political parties, to take action to implement the Constitutional Court's decision to implement the constitution, what is most important for the life of the will of the people that has emerged in the elections on February 9th, because in the end, 900 thousand or more citizens of Kosovo have voted, to make the constitution, to form the government, and we hope that this will happen in practice. But if that doesn't happen means and if we go to the date, the deadlines when they spend 20 days, 25 days, and the VV simply don't take action to propose a candidate who gets votes in the Assembly, then I believe that in recent days political parties, authorised parties will take measures and send him to the Constitutional Court. But I don't want to believe, we have to hope this doesn't happen. If we read the act of both June and August, the Constitutional Court has shown this time again in some way that the proposal comes from the party, but to solve the chief parliament, political dialogue is needed, political consensus is needed. Because, parliamentary democracy has this about who doesn't have 51 per cent of the vote, who doesn't have the parliamentary majority then must make dialogue, should look for votes in other parties”, he said.

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