IBNA Special Report
Pristina, June 27, 2014/Independent Balkan News Agency
By Elton Tota
Following the certification of elections by the Central Election Commission, the country is now waiting the creation of the new institutions.
Based on all likelihood, the creation of new institutions following the June 8 elections will start with the constitution of the parliament of Kosovo and the election of the speaker of parliament.
But, the election of the speaker can lead the country to a political crisis, according to law experts.
Besides the dilemma as to who is entitled to nominate the prime minister, there’s also another dilemma now, that of the post of the speaker of parliament.
LDK, AAK and Incentive for Kosovo have warned that they will form a parliamentary group to win the right to elect the speaker, based on the Constitution and Regulation. Based on the same documents, PDK too, as the winning party of the elections, insists that the position of the speaker belongs to this party, along with the prime minister nominee.
Within 30 days after the announcement of the official results of the elections, parliament of Kosovo must be gathered in session in order to be constituted. Before the session, MPs fill a form where they declare the parliamentary group that they belong to.
The biggest parliamentary group elects the speaker of parliament. Based on this logic, the three opposition parties , who have signed a post election coalition, have warned their unification in a parliamentary group.
Current speaker of parliament, Jakup Krasniqi told IBNA that based on the Constitution, the new speaker of parliament is elected by the largest parliamentary group.
According to Krasniqi, before the constitution session, the parliamentary groups must be formed and according to him, this happens when MPs fill out their forms where they declare as to which parliamentary group they belong to.
Professor of constitutional law, Fatos Rushiti told IBNA that if LDK, AAK and Incentive form special parliamentary groups, the right to nominate the speaker of parliament automatically belongs to PDK as the biggest party. Otherwise, PDK losses this right.
“If LDK, AAK and Incentive decide to form a parliamentary group, which at the same time, will be the group with most seats in parliament, then based on the regulation of parliament and constitution, they’re automatically entitled to nominate and elect the speaker of parliament”, says Rushiti.
But, PDK, as the winning party of the elections, insists that it’s entitled to nominate the speaker of parliament and the prime minister. Representatives of this political party say that based on the parliament’s regulation, the post of the speaker belongs to PDK and that the rules cannot be changed through political deals.
Former member of the parliament’s steering committee, Naim Maloku, declared that if the new government is not formed by the party that won the June 8 elections, then Kosovo has two options: To form a technical government for a year or to hold fresh elections. He says that the post of the speaker of parliament cannot go to LDK, because based on the regulation, it belongs to the party that has won the majority of votes.
Article 67 of the Constitution of Kosovo talks about the election of the chairman and vice chairmen and it says that the speaker of parliament is proposed by the largest parliamentary group and is elected with the majority of votes by all members of parliament. The same is also sanctioned by parliament’s regulation.
Meanwhile, in article 20, parliament’s regulation talks about the formation and the functioning of parliamentary groups and it says that MPs may form a parliamentary group based on their party affiliations. /ibna/