The Constitutional Court case regarding the election of the deputy speaker of the Assembly from the ranks of the Serb community has not yet reached an epilogue. Representatives of the party that won the elections, as well as monitors of the work of the Assembly, have called for the court to make a decision before the constitutive session of the new legislature is organized.
The Constitutional Court has not yet issued a verdict on the election of the deputy speaker from the ranks of the Serbian community in the ninth legislature, although this legislature has been dissolved, early elections have been held, and once the result is certified, the constitutive session of the new composition of the Assembly is expected to be called.
The Serbian List has taken the case to court. It has insisted that the election of Nenad Rašić is unconstitutional and that only one of its members can become the deputy speaker of the Assembly, since it is the largest entity from the community it represents.
Vetëvendosje said that the convening of the constitutive session will not remain hostage to the Constitutional Court's decision.
"It is necessary that the Constitutional Court issues a judicial decision regarding the case in question as soon as possible, otherwise we will continue as we have the rules and procedures. I consider that normally it would be in our favor to have a clarification regarding the issue that has been sent for interpretation to the Constitutional Court, but this does not depend on us," Artan Abrashi, who is an elected MP of the Vetëvendosje Movement, a political entity that won over 51 percent of the votes in the December snap elections, told Kosovapress.
The Court did not indicate when the verdict would be issued.
"This case is currently under review. The decision will be made after reviewing all constitutional aspects of the claims made in the request by the submitting party, in accordance with the Constitution, the Law on the Constitutional Court and the Rules of Procedure of the court," the court's response states.
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The Constitutional Court is reviewing the appeal of the Serbian List
And, the researcher of the Kosovo Law Institute, Naim Jakaj, assesses that the decision of the Assembly to elect Rashiq as vice-president was unconstitutional. He has expressed the need for the court to issue the decision before the constitutive session.
"We expect and believe that there will be a verdict soon, in order to clarify and not put the Assembly and the deputies in situations where they could commit constitutional violations. So, the Constitutional Court should make a decision on this issue as soon as possible, in order to outline the situation and avoid problems where a deputy president could become an obstacle to the constitution of the Assembly and the formation of the Government of Kosovo," said Jakaj.
However, the Constitutional Court has clarified in a previous ruling that MPs are free to decide who to vote for Deputy Speaker of the Assembly from among the Serb community, and that no political entity can become a blocker of the constitution of the legislature.
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