Pristina, 7 August 2015/Independent Balkan News Agency
By Elton Tota
The opposition and experts of legal affairs in Pristina say that during the voting of the creation of the Special Tribunal in Pristina, there were drastic violations of constitutional provisions of the Constitution.
Self Determination MP, Albulena Haxhiu says that in coordination with AAK and Incentive, the parliament’s decision for the creation of the Special Tribunal will be sent to the Constitutional Court.
“In coordination with two other opposition parties, we will send the parliament’s decision for the Special Tribunal to the Constitutional Court”, Haxhiu MP says.
Haxhiu also says that the creation of the Special Tribunal will damage Kosovo in the international aspect and at the same time, it will deform the image of Albanians and KLA, making them look as if they were the perpetrators of the war crimes.
According to her, Kosovo doesn’t need this tribunal, which will persecute Albanians.
Professor of Constitutional law, Fatos Rushiti told IBNA that during the approval of the Special Tribunal, there were many violations in terms of procedure.
“According to the Constitution, when MPs vote on something, then this cannot come back to parliament again for voting. The fact that the Special Tribunal was sent to parliament again, was a serious violation of the rules of democracy”, he says.
Rushiti congratulates the incentive of the opposition to send this issue to the Constitutional Tribunal.
“I praise the incentive of the opposition parties to send this issue to the Constitutional Court, but I don’t think that it will be successful. Unfortunately, the Constitutional Court decides under a strong political influence and under the influence of the international community. This was also seen during the political crisis which lasted six months, when this court acted in violation of the provisions of the laws of Kosovo”, Rushiti says.
Law professor, Berat Aqifi told IBNA that Constitution was breached when the Special Tribunal was sent to parliament for a second time.
“Constitution says that the representatives of the people must vote based on their independent will. In his decision, the MP must be completely independent. In the case of the voting of the Tribunal, there was great pressure against MPs, both from the heads of the political parties and also by representatives of the international community in Pristina”, Aqifi says.
Aqifi says that the Constitutional Court will not quash the parliament’s decision, because according to him, this process is entirely political.
Meanwhile, the approval of the tribunal has been praised by representatives of the USA and European Union in Pristina.
They said that this is very important for the rule of law and international reputation in Kosovo. /ibna/