By Vilhard Shala
An intense political debate is taking place in Kosovo, in relation to the political crisis, which is hindering important processes for the consolidation of the state.
In this aspect, I’d like to analyze the individual, society, government, opposition, minorities and the legal framework of the state actions. I will analyze this phenomenon through two perspectives, how it is and how it should be:
How is it?
First of all, based on the legitimacy perspective, the government has been elected in a democratic way, because it was created by the partnership of two parties and a minority community. The government has a legitimacy to govern the country and as Weber used to say: Legitimacy is won through the popular vote, but legitimacy is lost if the legal action framework is exceeded”.
Secondly, the opposition and that part of the population which has recently been revolted, is expressing discontent about the legal framework of the government’s actions. They object to the legitimacy of the decisions brought by Mustafa government in relation to the creation of the Association of Serb Communes and border demarcation with Montenegro.
Thirdly, the government has carried out legal violations by not fighting corruption, discrimination in recruitment, by politicizing police, courts, degrading health service and impoverishing the citizens.
Fourthly, dialogue, as an instrument for the settlement of disputes between majority and opposition, is almost impossible, because neither side believes on the other and without overcoming their fears, they cannot collaborate, and collaboration only starts when fear is overcome.
Fifthly, judging by his declarations before taking office, PM Mustafa didn’t believe on the justice system, because he claimed that courts were being controlled by the Democratic Party, led by Hashim Thaci, therefore his latest declaration that he will respect the decision of the Constitutional Court in relation to the case of the Association, casts doubts on the justice system, because it aims at convincing the opposition that this tribunal will apply the Constitution and laws in power accordingly.
How should it be?
Firstly, Kosovo must have national cohesion on issues such as security, equality in front of the law, fight against corruption, health, protection of territory, sovereignty, etc.
These common values between majority and opposition must show that they live together or “vivre ensemble” in French.
Secondly, Kosovo must be a country of equal chances for all ethnic groups, therefore it must accommodate the Serb ethnic group by offering autonomy to the individuals, without creating ethnic and cultural divisions. At the end of the day, cultural and ethnic diversity is a European value.
Thirdly, government of Kosovo may act based on the legal framework without violating the Constitution, laws, without discrimination in employment and by declaring war to nepotism and corruption and by creating the necessary mechanisms for the rule of law.
I can conclude that the government of Kosovo is not able to manage diversity in Kosovo. Then, as a result of its incompetence to manage political differences and accommodate the general interests of society, the government must seek legitimacy among the people through extraordinary elections.
*The author is professor of international law in Pristina. Especially written for IBNA.
E treta, Qeveria e Kosovës duhet të sillet konform kornizës ligjore pa e shkelur kushtetutën, ligjet, pa diskriminim në punësim dhe duke i shpallur luftë nepotizmit e korrupsionit si dhe duke krijuar mekanizma për një shtet të së drejtës.
Mund të konkludoj se Qeveria e Kosovës nuk është në gjendje të menaxhojë diversitetin në Kosovës. Atëherë si rezultat i paaftësisë sa saj për t’i menaxhuar dallimet politike dhe akomodimin e interesave të përgjithshme të shoqërisë, duhet që përmes zgjedhjeve jashtëzakonshme, Qeveria të kërkojë legjitimitetin tek populli i Kosovës.
*Autori është profesor i së drejtës ndërkombëtare në Prishtinë. Shkruar enkas për IBNA
** The opinion of the author doesn’t necessarily represent IBNA’s editorial