IBNA Special Report
Pristina, July 18, 2014/ Independent Balkan News Agency
By Elton Tota
Today or Monday at the latest, Democratic Party of Kosovo (PDK) is expected to file to the Constitutional Court of Kosovo a request for the examination of the lawfulness of Thursday’s parliamentary session, which saw the elections of Isa Mustafa as speaker of parliament.
IBNA’s news agency learns that legal experts of this party have drafted the request which will go to the Constitutional Court. PDK lawmaker, Enver Hoxhaj declared that what happened in parliament was an attempt to usurp the highest institutions of the country.
“It’s an illegal and anti-constitutional process and as such, the Democratic Party which has a philosophy of state consolidation and which has accomplished important missions in the Republic of Kosovo, will demand to the Constitutional Court to offer its opinion and final verdict as far as the events in the parliament of Kosovo are concerned”, said Hoxhaj.
Experts of parliamentary issues say that it’s hard to know what will be the decision of the Constitutional Court, as the first parliamentary session started with a violation of the regulation.
Professor of constitutional law, Fatos Rushiti told IBNA that during the first parliamentary session there have been violations of the laws in force by all political subjects.
“First of all, the chair of the session, who was from the ranks of PDK, has not complied with the order of the day which was decided by the old steering committee of the parliament. This was a violation of parliament and then the Constitution. There has also been a violation by the opposition bloc”, said Rushiti.
According to him, the source of this political crisis is the Constitution of Kosovo, which has a large number of ambiguities.
Dren Doli from the Group for Legal Studies explains that Mrs. Brovina, who chaired yesterday’s session, has not complied with the rules and the agenda, to protect the interests of her party.
“With her behavior, she has seriously violated the principles and the regulation of Parliament, by not complying with the order of the day decided by the old steering committee and by selecting which points to be discussed and which ones weren’t to be discussed”, says Doli.
Doli criticizes the Democratic Party of Kosovo, by saying that there were tendencies to block the work of parliament and the formation of new institutions.
“Political parties must not use their authority or the trust given by the citizens to block the institutions of Kosovo. This is not a good practice and I hope that this practice doesn’t turn into a regular practice”, adds Doli.
Meanwhile, political analyst, Naim Rashiti said that the constitutional crisis and conflict on the constitutionality of institutions has started in spite of the ruling of the Constitutional Court.
“Nevertheless, on Thursday we had violations which can be squashed by Constitutional Court. LDK-AAK-INCENTIVE coalition elected the speaker of parliament, but a lot has been risked this way. What happens if the Constitutional Court quashes this decision? Isa Mustafa may end up like Pacolli, but in this case, I believe that the entire parliament will fall, if constitutional violations are identified”, declared Rashiti.
According to him, all political parties, starting from PDK are to be blamed for not agreeing about the procedure or to address to the Constitutional Court together.
“The two camps decided to elect the speaker of parliament in a sort of stealth manner. If the Constitutional Court identifies violations, parliament may be dispersed. This will have costs for the coalition. If the Court concludes that the procedures have been complied with, PDK must respect it and accept Isa Mustafa as the legitimate speaker of parliament”, added Rashiti. /ibna/