Former President of the Constitutional Court, Enver Hasani, has warned that a new election mandated by the Constitutional Court as a result of the ongoing Assembly deadlock would severely compromise the institution.
No Elections Without a Constituted Assembly
In a written interview with KosovaPress, Hasani explained that without a constituted Assembly, extraordinary elections cannot be held, even though the 30-day constitutional deadline for the ninth legislature has passed.
“Going to elections by order of the Constitutional Court would seriously compromise this institution, which is so fundamental for Kosovo and its Euro-Atlantic path,” Hasani stated. He gave two reasons: “Firstly, without a constituted Assembly, you cannot go to elections because an Assembly that has not been constituted simply does not exist in the constitutional order. This is a fundamental matter of legal logic and state theory.”
He warned that such a precedent would open the door for losing parties to intentionally block the Assembly’s constitution after every election cycle, leading to “institutional anarchy.”
The Constitutional Court’s Role as a Regulator, Not a Political Actor
Hasani argued that even if the Assembly were considered formally constituted, the Constitutional Court could not and should not order its dissolution or the organization of elections.
“Such an act would constitute an unacceptable interference in the field of the sovereign will of the citizens, as well as a violation of the principle of institutional self-restraint, which is a fundamental pillar of constitutional doctrine in all European democracies,” he said.
He emphasized that the Court’s role is to be a regulator and an arbiter, not a substitute for the will of the elected representatives.
Constitutional Court’s Final Judgment on the Deadlock
Regarding the Constitutional Court’s temporary measure—which prohibits deputies from taking decisions from July 27 to August 8—Hasani believes that in its final judgment, the Court will find that everything was in accordance with the Constitution until the presiding speaker, Avni Dehari, changed the agenda.
According to Hasani, the Court must clarify how many times the same candidate can be proposed within the 30-day period, counting from the day the unconstitutional state began due to Dehari’s actions. “There is no other way the Court can justify this situation. If it acts differently, it will be compromised,” he concluded.
