Former President of the Constitutional Court of Kosovo, Enver Hasani, has commented on the continuation of the constituent session of the Assembly following the recent ruling of the Constitutional Court.
Hasani emphasized that the ongoing disregard for the Court’s decision is happening because there is no clear sanction for non-compliance with constitutional rulings.
Reacting to Vetëvendosje’s claim that the Court supposedly “allowed” secret voting by referring to the 2014 decision, Hasani described such an interpretation as abusive and misleading.
“The Court clearly stated that the forms and modalities of voting are defined by the Rules of Procedure of the Assembly. Referencing the 2014 judgment in this context is completely abusive — and has been since the start of this unfinished constituent session,” he told Gazeta Express.
He clarified that:
“The Court never said — neither in 2014 nor now — that voting during the constituent session should be secret. Quite the opposite: the Court emphasized that voting procedures are regulated by the Rules of Procedure, both then and now. The Constitution and the Rules clearly define when and why a secret vote should take place. In the case of the constituent session, such a procedure is not foreseen. That is as clear as daylight, as the saying goes.”
Hasani also criticized the current ruling of the Court for being “timid” and not going far enough to resolve the deadlock.
He suggested that if the Court had imposed a sanction — for instance, decertification of MPs for obstructing the process — the situation might have evolved differently.
