“Constitutional Court may push measure”

Since 5 September, this move has suspended all actions and decisions by Kosovo Assembly deputies, including procedures for forming the government.

In view of this, Gzim Shala, from the Kosovar Institute for Justice, says there are cases when it is decided to issue a decision to delay the deadline of the provisional measure.

Given the fact that the Constitutional Court has set this deadline, the rationale is expected today to issue a merit decision by the Constitutional Court. However, based on past practice of the Constitutional Court, there are even cases when a new decision to delay the provisional measure deadline has been decided to be adopted, Shala says.

Furthermore, according to Shala, the assembly could not be counted as constitutional without the electing of all the deputy rulers of the assembly.

Shala even says the procedure of selecting the vice-presidents of the assembly from the ranks of non-most communities was contrary to the Constitution.

As for the assembly's constitutionalization, the IKD has repeatedly declared that the assembly cannot be considered unstopped in the absence of selecting all the vice-presidents of the assembly. In fact, as we have stated in advance, the procedure of selecting the deputy heads of the Parliament from among non-communities was contrary to the Constitution, which requires that the vice-presidents of the assembly from the ranks of communities be voted into packages, says Shala for Index.

The Constitutional Court, then, would have to order a repeat vote for vice-presidents from the ranks of communities not majority, tasking that there be a vote in the package for both of the assembly's vice-presidents from the non- majority communities, says Shala from the IKD.

Shala says that only after the election of all the deputy speakers of the assembly through regular constitutional procedures can it be considered that the Assembly has been constitutionalised, to pave the way further for the formation of institutions.

As far as the court respects the verdict, Shala says failure to comply with a Constitutional Court justice represents failure to comply with the constitution.

Therefore, political parties must refrain from any action that represents failure to implement the Constitutional Court's justice. In this case, we also stress the importance of not sabotaging the implementation of the Constitutional Court's bias through political action. In relation to this bias, political parties must act with sincerity and confidence to get out of the institutional crisis, Shala adds at the end.

The Serbian list complained to the Constitutional for the move by the new head of the assembly, Dimal Basha, who would later declare the constitutional legislature, despite the Serb minority's non-election of deputy leader. /Periscope/