Pristina, June 11, 2014/Independent Balkan News Agency
By Elton Tota
A debate has been sparked in Kosovo over the formation of the next government by the opposition block in the parliament of Kosovo.
Experts of constitutional law and representatives of political parties are interpreting article 95, section 1 of the Constitution of Kosovo in different ways. This article states that: “Following the elections, President of the Republic of Kosovo proposes to parliament the nominee for the post of the prime minister, after consulting the political party or the coalition that won the majority needed in parliament to form the government”.
The renowned Kosovan lawyer, Vilhard Shala told IBNA that the provision in question is very clear and that there’s no room for dilemma here.
“Article 95, section 1 doesn’t say that the president mandates the party or coalition that has won the majority in the elections, but after consulting the party or coalition that has won the majority in the parliament of Kosovo, namely 61 seats”, says Shala.
Nevertheless, he says that although Constitution of Kosovo is very democratic, it has many provisions which have double meanings and need to be clarified in the future.
Meanwhile, professor of constitutional right, Fatos Rushiti told IBNA that the agreement between LDK-AAK and Incentive for Kosovo is constitutional.
According to him, the new agreement between the three political parties must be welcomed and must be considered as a normal one in democracy, as it’s within the political and legal system of the Republic of Kosovo.
“In parliamentary numbers, this agreement reflects a majority in relation to other parties. Constitution of Kosovo clearly states that if the first one who is mandated is not able to form a government, then the president nominates another candidate according to the same procedure, which implies the same process for the formation of the government and not like it’s being interpreted by the political party which was ranked first in the elections”, said Rushiti.
“Even if this case goes to the Constitutional Court, there’s no other solution, but for those who have a majority in parliament to form the government, only if the first nominee cannot secure a majority in parliament. In the political aspect, the agreement between three different political parties, in the situation that Kosovo is going through, can produce positivity and quality in the government”, says he.
Professor of constitutional law and vice chairman of the Democratic Party of Kosovo, Arsim Bajrami, interprets the case in question differently.
Bajrami said that the agreement that was reached between LDK, AAK and Incentive for Kosovo is anti-constitutional. According to him, according to the Constitution, only the party that comes first in the parliamentary elections can form the new government.
“It’s an anti-constitutional and non institutional agreement, because it’s not based on the Constitution of Kosovo, due to the fact that article 95 explicitly says that the political party or the pre election coalition which has the majority of seats in parliament is mandated to form the government and this is very clear. If within 15 days, the government is not formed, then the first nominee is given another 10 days, but again, the president must nominate the prime minister candidate from the ranks of the majority. Therefore, this agreement is anti-constitutional”, said Bajrami.
The other vice chairman of the Democratic Party of Kosovo, Hajredin Kuci said that the opposition attempts to block the first party which came out of the elections and to form a government are futile, because the Constitution of Kosovo doesn’t permit such thing.
“This is a violation of the Constitution. They must know how to read it, if they haven’t read it until now”, said Kuci.
Meanwhile, leader of Self Determination, Albin Kurti says that he’s surprised by the interpretation that senior officials of the Democratic Party of Kosovo make to the Constitution.
“I don’t have the right to interpret the Constitution. This is falls within the power of the Constitutional Court”, says Kurti.
Nevertheless, political parties that have signed the document, do not have the necessary majority to govern the country without the votes of Self Determination. Leader of Self Determination, Albin Kurti said that the agreement between the three political subjects for the formation of the government is the first step to a change of direction in the developments in Kosovo.
According to Kurti, this government, which he has considered to be an “emergency” government, besides suspending talks with Serbia, must also suspend the implementation of the association of Serb communes and the continuation of the privatization of several enterprises. Meanwhile, supporters of Democratic League of Kosovo, Alliance for the Future of Kosovo and Incentive, have celebrated on Tuesday evening in the streets of the capital, following the signing of the agreement by the three opposition parties. /ibna/