Former Constitutional Court judge and one of the drafters of the Constitution, Gjylieta Mushkolaj, stated on the “Konfront” show on KTV that Ahtisaari was very careful in the rights he granted to minorities in Kosovo.
Regarding the non-election of the Serbian vice president, Mushkolaj said that this does not mean that the state is blocked.
According to her, some researchers refer to Kosovo as a consociational state, but such a thing is not factual. Bosnia does, but Kosovo does not have such a status, declared Mushkolaj.
Krasniqi: The Constitutional Court is unpredictable, politically influenced
Opinionist Besnik Krasniqi has said that the Constitutional Court has long become unpredictable.
Krasniqi said on KTV’s “Konfront” that the Constitutional Court’s decisions are being dictated by politics.
“Talking about the weight of the Constitutional Court, I must start from a premise, which is that the Constitutional Court has long become unpredictable. Decision-making in it has become unpredictable, as this institution is behaving like a hegemonic tool… It is not making decisions based on the Constitution, it is not making decisions based on what it has previously decided, but it is making decisions that are more dictated by politics, by certain political entities that have historically had influence on the court, and perhaps also by, as Mr. Sopi mentioned, orders and messages from Dragodani, which may go to the judges,” said Krasniqi.
And former Constitutional Court judge Gjylieta Mushkolaj said that it is very difficult to say this.
Mushkolaj said that while she was in the Constitutional Court, “never in any case did that Dragodani I am mentioning ever intervene.”
“This was built by those who wanted to have influence and deceive the people that there is someone more powerful,” said Mushkolaj.
Mushkolaj: The Assembly was constituted with the election of the speaker, the vice-speakers “without competences”
Former Constitutional Court judge Gjylieta Mushkolaj said that the ninth legislature of the Assembly of Kosovo has been constituted. She said that the constitution was completed with the election of Speaker Dimal Basha, while insisting that the deputy speakers do not have powers regarding the legislature, until delegated by the Speaker.
“I believe that the new legislature is considered to be constituted since the president of this legislature has been elected… The Constitution is relatively clear and is based on the most important principles of a parliamentary democracy. I am not saying a parliamentary state, but a parliamentary democracy because the Constitution clearly defines what the duties of the president of the Assembly are and what the duties of the presidency of the Assembly are. The duties of the president are constitutional and political competencies that make the leadership of a most important institution, the only one directly elected by the people, functional,” she said on KTV’s “Konfront”.
According to Mushkolaj, the president makes the Assembly functional because he has all the powers to lead the legislature.
And the presidency, as she said, deals only with administrative issues of the functioning of the Assembly “not as a legislature, but as a house, as an institution.”
“It serves as a kind of board for the administration of the Assembly. The Presidency of the Assembly has no other duty than to take care of the smooth running of the work of the Assembly administration. It has no competence regarding the functioning of the Assembly as a legislature. The Constitution clearly states that the Presidency of the Assembly deals with administrative functions determined by the rules of procedure of the Assembly,” said Mushkolaj, who added that in Kosovo it is difficult to understand independence and that the UNMIK framework no longer exists and that “the Constitution has completely changed the concept of the Presidency.”
Days ago, MPs elected Dimal Basha as Speaker of the Parliament and the Assembly did not elect a Serb Deputy Speaker. MPs elected a Deputy Speaker of the non-Serb communities, but the Serbian List’s proposal for Slavko Simic did not receive support. He failed three times in the vote. Speaker Basha stated that the Constitutional Court’s decision states that even for deputy speakers, a name cannot be voted on more than three times. So he asked the Serbian List for other names, but they did not offer them. As a result, Basha led the Assembly to vote by lot for the Serbian Deputy Speaker. Of the 10 MPs, including Nenad Rašić, who is not from this party, no one received the required 61 votes. Without a Serb Deputy Speaker, on August 30, Basha declared the Assembly constituted. And the opposition and civil society have assessed that the Assembly has not completed the constitution. The Serbian List has now appealed to the Constitutional Court regarding the distribution of votes for the deputy heads of communities.