“President not to request the VV mandate, but to send the case to Constitution”

“President not to request the VV mandate, but to send the case to Constitution”

Kosovo Institute for Justice (IKD) researcher Naim Jakaj has stated that Kosovo's president should not seek the Vetevendosje Movement for forming the government, but must address the Constitutional Court to clarify whether constitutional principles and guarantees for non-recilative communities in the country have been violated, with the case of voting for subconcretery [...]

In an interview for Online Economy, he has said the Serbian List has already sent courses to the Constitutional Court, and this court has 60 days to decide, broadcast Periscopi.

The Serbian <x0List has sent courses to the Constitutional Court and the Court has a 60-day term to decide on the case, meanwhile, it would have to activate Kosovo's president to send the same case to the Constitution because it is set before a dilemma to ask the VV to send the mandate to the government or not. Under these circumstances, we as the IKD estimate that it should not do such a thing to require the VV mandate, but ask the Constitutional Court if the principles of Constitution have been violated, the Constitutional guarantees for non- majority communities in Kosovo for the way and form of how it was processed with the agenda<1>, Jakaj said.

He has warned that in the event of the president's move, a dangerous situation could arise if the Constitutional Court later breaks down the Parliament and the government out of it.

Jakaj has added that the Constitutional Court can again take a toll on the suspension until the final decision.

“In the meantime, what can happen during this time, the Court is also waiting, and we believe it will take a temporary measure because the damage may be irreversible if the president is activated and requires the mandate for the formation of the Kosovo government. Because imagine the situation as if there were a government formation and then the Constitutional Court to bring down that Assembly and therefore we would have a non-continent government from a constitutional constitution and in this case the Constitutional Court would have to be faster in dealing with the subject by not avoiding the procedural deadlines but, therefore, at the greatest speed to address such a” subject, he said.

Jakaj has accused Parliament Speaker Dimal Basha of violating the Constitution and the Parliament's regulation in proceeding to vote by sub-presidents from non-party communities.

There is now a Assembly that is now claimed by Basha, which has also been constitutionalised to have started working on the first meeting of the Parliament's chairmanship, which is non-religious, illegal and contrary to the Parliament's regulation and contrary to democratic principles and the principles of rule of law. This should not happen, Mayor Basha would have to repeat the vote for deputy mayors from the communities, drop them into packages, taking them in writing according to regulations required by more than half of the MPs. It would have to do so uncontestedly by not violating community rights. Currently, Chairman Basha is violating constitutional guarantees that are given to communities not majority in Kosovo in the form and way he has procedures with the agenda”, he said.

Commenting on the recent actions of the Speaker of the Parliament, Jakaj added that he has acted contrary to the Constitution, the Parliamentary Rules and Practices.

“Mayor Basha began the whole work of the Kosovo Assembly, calling on three Albanian parliamentary parties V V- PDK-LDK demanding that they be voted oncely, in packages. In the meantime, he committed constitutional violations, demanding no majority communities for sub-presidents to be voted in separate ways not in packages. In this case, he does not implement the Constitutional Court's act of August 18th and July 26th and the date of 2014, while acting in opposition to the constitution's regulation and to the current parliamentary practice”, he concluded.

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