Enver Hasani, former President of the Constitutional Court of Kosovo, has stated that President Vjosa Osmani’s request for an interim measure and clarification on the 30-day deadline for the Assembly’s constitution is “clearly unfounded” and thus unacceptable to the Constitutional Court.
Constitutional Court’s Focus and Legal Consequences
Speaking to Radio Free Europe, Hasani, currently a Professor of Law and International Relations at the University of Pristina, said the Constitutional Court is expected to rule on the matter based on requests submitted by MPs from two political parties, rather than on the President’s request.
“The issue only moves when there is clarity from the Constitutional Court regarding the legal consequences of the non-constitution of the Assembly and the right of the first party to propose,” Hasani explained.
According to him, the constitution of the Assembly after the expiration of the deadline does not automatically make it unconstitutional. Only the Constitutional Court, he said, has the right to determine the constitutionality of such a process.
Regarding whether the Assembly’s constitution would be unconstitutional if it occurs after the deadline set by the Constitutional Court, Hasani clarified that only the Constitutional Court can determine this, as its latest judgment did not specify the legal consequences.
Deputies to Continue Work Even if Deadline Missed
Hasani emphasized that deputies and state bodies will continue to function even after July 27. He stated that even if nothing happens by tomorrow, they must proceed with the 48-hour period, as they have a valid regulation and a Constitution in force.
“No, it does not mean [it’s unconstitutional], because if it is unconstitutional, only the Constitutional Court shows it, because, in its last judgment, it did not show the legal consequences, but only gave a deadline, redefined it, changed the Constitution, changed the 30-day deadline, which is the start of the session, and said that it is equal to the constitution of the Assembly. But, it did not set legal consequences,” Hasani said.
“Deputies and bodies will function, they will continue even after July 27. Hypothetically, if nothing happens, they must continue with the 48-hour period, because they have a regulation, they have a Constitution that is in force, that is, a constitutional norm,” Hasani concluded.
