The Acting Minister of Justice, Blerim Sallahu, stated today that the Constitutional Court of Kosovo has two constitutional solutions regarding the issue of the Assembly’s formation.
In a post on Facebook, Sallahu emphasized that under Article 67, paragraph 4 of the Constitution, the Court must clearly determine that the Serb List’s refusal to nominate a candidate for Deputy Speaker means that the political entity has effectively forfeited its constitutional right to put forward such a candidate. Therefore, according to Sallahu, the Assembly has already completed its constitutional obligation for formation.
He drew a parallel with a previous ruling of the Constitutional Court regarding the formation of the government, where the Court concluded that failure to present a candidate for Prime Minister constituted a loss of constitutional rights by the winning party.
Sallahu further added that since the Assembly has already exhausted the procedure of drawing lots, as stipulated in the Assembly’s Rules of Procedure, the Constitutional Court should authorize the President to call extraordinary elections, based on Article 82 of the Constitution.
“Any other decision, in an unconstitutional form, would make our Republic dependent on a political entity that undermines the constitutional order of our country on a daily basis,” Sallahu stressed.
