PDK lawyer Faton Fetahu: Kosovo has a Constitution, there is order, there is order – I helped unblock the Parliament

NEWS

Express newspaper
08/08/2025 14:00

Faton Fetahu, PDK lawyer, wrote about the Constitutional Court’s decision.

The decision found a violation of the Constitution by Avni Dehari, the chairman of the Assembly session.

Fetahu said that Kosovo has a Constitution, law and order.

This is how he says the Constitution helped unblock the Assembly.

Fetahu’s post:

The constitutional solution that I warned about long ago – today became a reality!

Today, the Constitutional Court of the Republic of Kosovo approved the request KO193/25, submitted by the deputies of the PDK Parliamentary Group, which I had the honor to draft and submit in the capacity of their authorized representative. This decision represents a decisive turning point in the resolution of one of the deepest constitutional and parliamentary crises in the history of our Republic.

constitutional Court Decided:

– To declare invalid the “Secret Voting Commission”, proposed by the parliamentary majority in the session of June 29, 2025, on the grounds that it violates the agenda of the constitutive session – which is closed, solemn and unchangeable;

– To find that the unilateral interruption of the session by the Chairman Avni Dehari constitutes a violation of the Constitution and of the judgment KO124/25, and that his actions are incompatible with Article 116 of the Constitution;

– To declare invalid all sessions of the Assembly held from June 27 to July 26, 2025, due to non-implementation of the previous judgment and serious procedural and constitutional violations;

– To order the Speaker to proceed with item 3 of the agenda of the constitutive session, approved on April 8, 2025, giving the largest parliamentary group the right to propose the candidate for Speaker of the Assembly – a right that can only be exercised up to three times for the same candidate;

– To order all elected deputies to be present and vote, thus guaranteeing their integrity and fulfillment of their constitutional obligations;

– To set a 30-day deadline for the election of the President and Vice-Presidents of the Assembly from the date of entry into force of this judgment.

I have been deeply convinced of this epilogue from the beginning. As early as February 2025, in a written analysis, I warned of the institutional danger that was taking shape and offered a constitutional solution based on the jurisprudence of the Court (case KO103/14), on the Rules of Procedure of the Assembly and on the spirit of the Constitution.

Today, that solution was confirmed and affirmed by the Court itself as the only legitimate and constitutional path.

This decision is more than a legal victory. It is a return to constitutionality, a defense of parliamentary order, and a testament that faith in the Constitution and constitutional justice is the foundation of state stability.

With humility, I consider this case as one of the most important professional contributions I have made to the institutional life of the country, helping to unblock the Assembly and restore democratic legitimacy to its functioning.

Kosovo has a Constitution. There is order. There is order. And there is a way out when we remain faithful to the spirit and values of the constitutional order.

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