The purpose of a term as president or... What's behind Osman's charges against the Serbian List?

Its goal, according to them, is to show compliance with incumbent Prime Minister Albin Kurti's Vetevendosje Movement, in order to provide support for yet another presidential mandate, after April 2026, when the current ends.

Sociologist from Pristina Artan Muhaxhiri tells Radio Free Europe that without Kurti's support, Osmani “has no chance of” for the upcoming mandate, and that its recent statements should be understood in this political context.

Its recent “positions primarily coincide with those of Kurtiʹ about the problem with the Serbian List Deputy Parliament Speaker and the expected decision of the Constitutional Court”, Mujariri says.

On the other hand, politicologist from Belgrade Ognjen Gogic, who closely follows developments in Kosovo, believes Osmani bears great responsibility for the months-long institutional crisis after the February elections, because, he says, he has not reacted at the right time.

The Albanian parties had a much larger role [in the constitution]. Osman contributed to this situation with its inaction. It is Vetevendosje that is now blocking the formation of institutions because it led the vote [for the election of Deputy Speaker of the Parliament]”, Gogic says of Radio Free Europe.

Kosovo's chairman from the Vetevendosje Movement ranks, Dimal Basha, was elected in late August, following a several-month political crisis following the February parliamentary elections.

In those elections, no party received enough votes to form its own new institutions.

Now, a new crisis appears again on the horizon, as Basha unilaterally announced the conclusion of the Parliament's constitutionalisation, even though the fifth deputy chairman from the Serb community had not been elected.

For this reason, the Serbian List addressed the Constitutional Court last week.

This party -- the largest of Serbs in Kosovo -- that won 9 out of the 10 seats reserved for the Serb community in the Parliament -- considers Basha has violated the Constitution, separating the vote for vice-presidents from non-Serb and Serb communities.

The Vetevendosje movement called on the Constitution to declare the request of the Serbian List unacceptable.

President Osmani also estimated that the Assembly should not be blocked on the issue and expects the Constitutional Court to not decide in favour of the Serbian List, but to confirm that the Assembly has been constitutionalised even without the election of the fifth Serbian deputy chairman.

The responsibility for blocking the formation of new institutions, Osmani passed it to the Serbian List, while political analyst Muhaxhiri believes it was “to strategically strengthen her alliance with Kurti and Vetevendosje”.

Does the Serbian List have the capacity to block the formation of institutions?

Muhariri believes that the Serbian List is “a specific political subject in Kosovo, which formally and with the Constitution, has great political power in relation to the most important state processes”.

However, its autonomous power to make decisions does not exist, because it is dependent on a host of mutual local, regional and international factors --”, Muhramir adds.

Analysts say the future of the largest Serb party in Kosovo, which has Belgrade's backing, is unclear.

He emphasises that the Constitution of Kosovo is clear to the role of Serbian deputies in the process of forming institutions.

This is a direct mirror of the fundamental principles of the Ahtisaari Plan [on whose basis Kosovo independence is declared]. Therefore, it is unrealistic to say that the Serbian List could block the formation of institutions with self-intensives. Any such paradoxical effort would only strengthen it”, Muhramir says.

According to him, only the Constitutional Court of Kosovo “can distribute all the populist mist that has seized public space since the February 9th elections,”.

Civil Society Reactions

Several members of civil society reacted after Kosovo President Vjosa Osmani's statement that the Kosovo Assembly cannot be blocked for the fact that a deputy chairman has not been elected from the ranks of the Serb community and that the Serbian List is trying to block the formation of new institutions.

Agon Maliqi, who heads the nongovernmental organisation Sbonker, said President Osmani was “absolutely below the level of duty” during the political and institutional crisis, “converting the people's unification office into a personal political instrument”.

If, with these partisan maneuvers, he thinks he can provide support for the second mandate, he has made himself the largest possible anti-reflectal”, Agon Maliqi wrote on Facebook.

Publicist Veton Surroi said the Serb community has not blocked it, vetoed it, and did not prevent the constitutionalisation of the Kosovo Assembly, but, with its proposals for the deputy chairman, has given the majority the opportunity to choose the complete composition of the Parliament's chairmanship.

“Most have chosen no candidate proposed by the two political subjects, representing the Serb community. Thus has prevented the completion of the Parliament's Headship and at the same time meeting a constitutional right of the Serb community”, Surroi wrote on Facebook.

Ehat Miftaraj from the Kosovo Institute for Justice also reacted.

President Osmani's “letra to the Constitutional Court is a powerful political statement. Unfortunately, with poor constitutional and judicial argument”, Miftaraj wrote on Facebook, adding that the Constitutional Court “cannot base the act on political statements and guidelines, without any value or constitutional and legal argument”.

Gogic also stresses that the Serbian List in this situation makes no decision and, in accordance with circumstances, cannot block the formation of new institutions.

“Osman does not want to take responsibility, it will not criticize Vetevendosje, so it is easier for him to blame the Serbian List. It was not only the Serbian List that was indignant that was not elected fifth vice president, but also the Albanian opposition. They said they would address the Constitutional Court if Osman gives the mandate [for forming the new government] Kurti”, Gogic says.

The second largest party in the Kosovo Assembly after the Vetevendosje Movement, the Democratic Party of Kosovo, believes Basha should not have concluded the constitutional session because the head of the Assembly was not elected in full constitutional composition.

The Democratic League of Kosovo -- the third largest party in the Assembly -- also said that the Assembly has not been constitutionalised yet and that it can neither function nor make decisions, without the constitutionalisation process being completed in accordance with laws and regulations.

What is the solution?

Muhariri says that to get out of the current crisis, it is necessary for Kosovo leaders to find vision, courage and strength to return to normal and rational policy”.

“Politics can rely on constitutional patriotism and be linked to constitutional values and democratic principles. It may sound like a cliche, but, in fact, it's the only way for immediate unblocking and long-term social and institutional progress in Kosovo”, Muhramir says.

Similar thoughts divide Gogic.

“The solution is to show maturity and greater responsibility. This is inexplicable what they do for months. There are no constitutional-trial solutions if you have a situation where MPs do not want to form institutions. When laws are written, it is estimated that MPs will want to take control of institutions, and here we have an escape from responsibility”, Gogic says.

On September 7th, the Vetevendosje Movement appointed its leader, Albin Kurti, as a mandate for the formation of the new Kosovo government.

On that occasion, Kurti criticised the Constitutional Court, saying it acts unilaterally, in favour of Albanian parties, which in the past parliamentary composition were in opposition respectively.

The Constitutional Court reacted through a statement saying that its independence and impartiality are protected by the Constitution and that no institutions, political or individual parties can interfere with its work.

The head of the European Union's Mission for Rule of Law in Kosovo called for respecting the independence of judges, while the German Embassy in Kosovo urged actors and political institutions to respect the Constitutional Court and its decisions, saying judicial independence is the cornerstone of rule of law. / REL/