The Constitutional Court has again ordered the deputies of the Assembly of Kosovo to constitute the new parliamentary composition resulting from the February 9 elections, but this time with clearer instructions.
They are ordered to constitute the Assembly within a 30-day deadline and elect the Speaker of Parliament through an open vote, putting the same candidate to the vote no more than three times.
But when can the constituent hearing be called?
It is not known exactly. It could be during this week, or next week at the latest, depending on when the full Constitutional Judgment is published.
The constituent hearing cannot be held until the Constitutional Court publishes the full judgment.
According to Eugen Cakolli from the Kosovo Democratic Institute, based on previous practices, the Constitutional Court needs one to two weeks at most to publish the verdict in full.
The constituent session of the Assembly was convened for the first time on April 15 by the President of the country, Vjosa Osmani. Since then, MPs have held 54 continuations of this session, which have been led by Chairman Avni Dehari, as the oldest MP of the new legislature.
The Constitutional Court said that Chairman Dehari did not act on the basis of this court’s earlier judgment of June 26, adding that all sessions held from June 27 to July 26 “shall be declared invalid”.
According to the Rules of Procedure of the Assembly, the presiding officer of the constituent session takes care of the progress of the session and Dehari is expected to convene the session as soon as the Constitutional Court publishes the full judgment in the Official Gazette.
How was the decision received?
The decision has been welcomed by parties that were in opposition last term, but has been criticized by the party, Vetevendosje Movement (Vetevendosje).
Vetevendosje called the decision arbitrary, the Democratic Party of Kosovo (PDK) and the Democratic League of Kosovo (LDK) called it a constitutional and democratic victory, while the Alliance for the Future of Kosovo (AAK) spoke of overthrowing the dictate.
According to Vetevendosje, the announcement of the Constitution “constitutes a dangerous deviation from the constitutional role” and that it is “contrary to the fundamental principles of the rule of law and separation of powers”.
Vetevendosje MP and acting Minister of Justice, Albulena Haxhiu, told a press conference on August 10 that “the announcement of the Constitutional Court is a serious concern, because it is a flagrant overstepping of the competences that the Constitutional Court has.”
Asked if her party will respect the decision, Haxhiu said: “What our action will be after this announcement, after the decision, you will understand when the time comes.”
PDK leader Memli Krasniqi said that with this decision of the Constitutional Court, his party’s positions were confirmed, that Vetevendosje “has held the Assembly of the Republic of Kosovo hostage, deliberately and in a planned way blocking its functionalization for narrow interests of power, with actions completely outside the Constitution.”
LDK president Lumir Abdixhiku welcomed the Constitutional Court’s decision, describing it as a “great victory for democracy.”
Ardian Gjini from AAK said that with the decision of the Constitutional Court, “democracy won, dictatorship was overthrown”.
What is expected from the full verdict?
The full Constitutional Judgment, in addition to paving the way for holding the constituent session on the following day, is expected to clarify more things.
She is also able to respond to an already withdrawn request from Kosovo’s president, Vjosa Osmani, about what would happen if the Kosovo Assembly was not constituted by July 26 – the deadline set earlier by the court through a verdict.
In its previous judgment, which MPs ignored, the Constitutional Court had failed to indicate the legal consequences of such disregard. The Constitution can now indicate what the consequences will be, if the deputies again ignore the 30-day order for the formation of the new Assembly.
Cakolli said that such deadlines will be destined not to be respected by political actors, as they “lack the political will to find a solution, not because they do not know the procedures”.
Who has how many votes?
This entire months-long crisis comes as a result of the lack of a political agreement between the parliamentary parties, as neither party won the majority to govern alone.
Incumbent Prime Minister Albin Kurti’s Vetevendosje won 48 seats, and other parliamentary parties have refused to vote for its candidate for president of the Assembly, for whose appointment at least 61 votes are needed.
While Vetevendosje insists that Albulena Haxhiu is a worthy candidate, some of the largest parliamentary parties, such as PDK, LDK and AAK, dismiss her as “divisive”.
PDK came second with 24 seats, LDK third with 20, followed by Lista Srpska – the largest Serb party in Kosovo with 9, and the coalition between AAK and the Social Democratic Initiative, with 8. Another 11 seats are in the minority. /REL