The risk of an unprecedented situation in Kosovo after the July 26 deadline

The risk of an unprecedented situation in Kosovo after the July 26 deadline

The situation in Kosovo remains deadlocked, with the removal of MPs’ mandates – an option mentioned in the event that the Assembly is not reconstituted by July 26 – not considered feasible. Experts warn that if this deadline is missed, the country will face an unprecedented political and legal crisis.

No one has a clear answer as to what will happen in Kosovo after July 26 – the date when the 30-day deadline that the Constitutional Court has given to elected deputies to constitute the Assembly expires.

So far, efforts to form this legislative institution have failed 44 times.

Political parties continue to blame each other for the impasse and not budge from their positions.

In this atmosphere of gridlock, former judge of the Constitutional Court of Kosovo, Gjyljeta Mushkolaj, says that the burden of responsibility must now pass to the country’s president, Vjosa Osmani, who has the constitutional duty to guarantee the democratic functioning of institutions.

According to her, the head of state should intensify efforts to reach a consensus among political parties, and if this fails, seek additional interpretation from the Constitutional Court to clarify next steps.

“The Constitutional Court should be more decisive about the deadline it has set and the consequences that come after this deadline. The role of the Constitutional Court is not over yet,” Mushkolaj tells Radio Free Europe.

Last week, President Osmani hosted representatives of political parties for two days in a row, in an attempt to unblock the situation.

After the meetings, she clearly stated that the constitution of the Assembly within the 30-day deadline set by the Constitutional Court is “an obligation, not an option” and called on the parties to find a solution as soon as possible.

Bekim Kupina, media advisor to President Osmani, told REL that the president is considering legal options to address the Constitutional Court with a request for clarification of the verdict, “in order to clarify the legal consequences in the event that the Assembly is not constituted within the deadline set by it.”

The Kosovo Law Institute (KLI) says that consensus is the only way to overcome the blockade and constitute the Assembly by July 26.

If this does not happen, Kosovo will face a situation unknown until now, says Naim Jakaj from this institute.

“Kosovo will enter a new legal and political situation, which it has not experienced before. We will feel its consequences in the coming months, if the Assembly is not constituted by July 26,” Jakaj tells Radio Free Europe.

Can the mandate of MPs be taken away?

Even the Vetëvendosje Movement, which came first in the February 9 parliamentary elections, does not have a clear answer for the developments that may follow if the Assembly is not constituted by July 26.

On July 9, in response to a journalist’s question about this issue, Vetëvendosje MP Mimoza Kusari-Lila said briefly: “Unforeseen.”

Two days ago, she mentioned the possibility that all members of the Assembly could lose their mandate if they do not constitute the institution within the 30-day deadline set by the Constitutional Court.

“…there are 120 deputies of the 9th legislature whose mandate could be taken away, and then continue with the deputies who are on the lists of all political parties,” said Kusari-Lila.

But, Mushkolaj explains that no one can take the mandate of democratically elected deputies.

“The people have given them this mandate and the people are taking away their mandate. Only if we go to the elections. But, again, the Assembly must be constituted,” says the professor at the Faculty of Law of the University of Pristina.

Jakaj also does not see it possible to revoke the mandate of deputies.

He emphasizes that the Constitution of Kosovo, in Article 70, clearly defines the reasons for the termination or invalidation of a deputy’s mandate.

They include: failure to take the oath, resignation, appointment to the government, termination of the assembly’s mandate, absence of six months from sessions, conviction by final court decision for a criminal offense with one or more years of imprisonment, or the death of the deputy.

“In none of the points of the judgment, the Constitutional Court has specified the collective or individual consequences for the deputies, in case of failure to constitute within the 30-day period,” adds Jakaj.

Artan Muhaxhiri, a sociologist and expert on politics in Kosovo, also says that the Constitutional Court’s decision does not foresee the MPs taking over their mandates in the event that the Assembly is not constituted within the deadline.

Moreover, he emphasizes, there is no similar precedent in post-war Kosovo.

He says that such a step would require a new Court decision and changes in the way deputies are replaced, but, still, would not guarantee overcoming the political blockade that is hindering the formation of institutions.

“First, those MPs who would come would have less legitimacy and almost all of them would be anonymous, without political experience. The very fact that they were not elected proves that they have not achieved success even in the competition within their parties,” Muhaxhiri tells Radio Free Europe.

He adds that the persons who would replace the current MPs would act under the instructions of their party leaders, so their behavior in the process of constituting the Assembly would be the same as that of the current MPs.

“We would return to the point where we are now, but with a loss of time and damage to Kosovo’s perspective and institutional image in general,” Muhaxhiri emphasizes.

Where is the constitutive session of the Kosovo Assembly?

So far, MPs have only completed two agenda items: the report of the Temporary Committee on the Verification of Mandates and the swearing-in of MPs.

The process has stalled at the third point: the election of the Speaker of the Assembly.

The candidate of the Vetëvendosje Movement, Albulena Haxhiu, has failed to secure the 61 votes needed in several rounds of voting to be elected to this position.

Two parliamentary parties, PDK and AAK, see Haxhiu as a divisive figure and are asking the Vetëvendosje Movement to propose another name for speaker of parliament.

LDK says it will not support any Vetëvendosje candidate for this position.

And Vetëvendosje is now insisting that the vote for Haxhiu be held in secret, promising that if she does not receive 61 votes, she will propose another candidate.

But this form of voting is opposed by other parties, entering the situation into a vicious circle.

The Constitutional Court issued the verdict on the constitution of the Assembly within 30 days on June 26, after 37 failed attempts in this process.

However, constitutional experts and political parties have understood and interpreted this decision in different ways.

Muhaxhiri says that to overcome the deadlock in the Assembly, it is necessary for the Constitutional Court to come up with a clearer and more direct decision.REL