Enver Hasani, former President of the Constitutional Court of Kosovo, has commented on the court’s judgment published today, which obliges Kosovo Assembly deputies to complete its constitution within 30 days by electing the Speaker and Deputy Speakers.
According to Hasani, the Court has clearly reaffirmed the principles established by the 2014 judgment and has set a strict constitutional deadline for concluding this process.
“The Constitutional Court has reconfirmed the 2014 judgment and has set a 30-day deadline. After those 30 days, you cannot go to elections, because there cannot be elections without a constituted Assembly. If it were otherwise, then we would enter the Guinness Book of Records,” Hasani stated on Debat Plus, as reported by Reporteri.net.
He added that the Court has made the rules governing the Assembly’s constitution very clear, based on the Constitution, the Rules of Procedure, and existing parliamentary practices.
“The Court said in two words that the procedures for the constitution of the Assembly are determined by the Constitution, the regulation, and parliamentary practice to date. And until today, there has never been a secret vote — not even before independence. There has been no deviation from the agenda either. The procedures are clear as crystal and were determined on April 8,” Hasani emphasized.
Today, the Constitutional Court of Kosovo ruled that deputies are obligated to complete the Assembly’s constitutive session, by electing the Speaker and Deputy Speakers, no later than 30 days. The Constitutional Court did not rule on the legality of refusing a secret vote.
The constitutive session of the new parliamentary composition, which emerged from the February elections, began on April 15, and so far, there have been 37 continuations of it — yet, deputies have not managed to elect the Speaker and five Deputy Speakers.
In its decision, the Constitutional Court stated that the constitutive session, which began on April 15, is considered unfinished because the Speaker and Deputy Speakers have not yet been elected. According to the Constitutional Court, based on Article 66 of the Constitution (Election and Mandate), this session should have been concluded within 30 days of the official announcement of the election results. The Central Election Commission certified the results of the February 9 parliamentary elections on March 27.
“The Court emphasized that the constitutive session of the Assembly is a constitutional act and as such is realized only after the fulfillment of all essential elements of constitution, including the election of the Speaker and Deputy Speakers,” stated the Constitutional Court’s decision.
