Osmani withdraws request for Assembly from Constitutional Court

Serbian judge Radomir Llaban, whom security institutions have considered to be a threat to the constitutional order, has caused President Vjosa Osmani to withdraw the request filed with the Constitutional Court regarding the constitution of the Assembly. According to Osmani, the information about Laban is worrying and despite this, he has been appointed as the rapporteur judge for this case.

President Vjosa Osmani withdrew on Tuesday the request addressed two weeks ago to the Constitutional Court to define the legal consequences that arise after the failure of MPs to constitute the Assembly within 30 days.

At a press conference, she announced that she took the action because the court had appointed Judge Rapporteur Radomir Laban.

According to Osmani, based on information from security institutions, the Serbian judge poses a threat to the constitutional order of Kosovo.

"I consider that the appointment of Mr. Laban as judge rapporteur in this process is not only worrying, but also dangerous. This is because decisions may be made that could create serious and potentially irreversible consequences not only for current institutions but also for those in the future", declared President Osmani. "Withdrawing the request is a necessary action in order to protect the constitutional order".

"It is absurd to expect our constitutional order to be protected precisely by persons who, according to our security institutions, endanger the constitutional order of our country," she insisted.

Osmani stated that the information regarding Judge Laban is disturbing and that as such it has long been conveyed to the Constitutional Court itself. 

"According to this information, which in 2021 and 2024 was also shared with the Constitutional Court, this judge poses a risk to the national security of the Republic of Kosovo and is engaged in activities against the constitutional order of the Republic of Kosovo," the president said.

When justifying the withdrawal of the request from the Constitutional Court, Osmani said that if the case were to be dropped, Laban would have a key role "in assessing the admissibility, merits of the request and the request for interim measures." 

"In other words, the reporting judge sets the course of a case, a course that is then followed by the court in almost all cases. Based on the regulation, despite the practice of balanced allocation of judges' cases, the President of the Constitutional Court has full discretion to decide which case is assigned to which judge. Our request concerns issues essential to the constitutional order, therefore it is deeply concerning how a judge about whom our security institutions have officially submitted information that he endangers our state, should be left in his hands to determine the fate of our constitutional order," she said. 

Osmani has clarified that he does not have the authority to take action towards dismissing this judge.

"This judge was not appointed by me but was appointed in 2018. Also, according to the Constitution of the Republic, the dismissal of a judge of the Constitutional Court is only done after such a thing is voted on by 2/3 of the judges and the dismissal is proposed to the president by the court itself. Without such a proposal from the Court, according to the constitution, no step can be taken by the president," she said.

But Osman's decision has been criticized by political actors and civil society representatives. 
Democratic League MP Arben Gashi called the action "the last show before the big decision." 

"Within these three days, it will be understood where Kosovo will move: towards institutional stability, or towards new elections. I remain convinced that the Constitutional Court must reaffirm the democratic principle of decision-making by the majority. It must restore institutional normality by: Giving a reasonable time (30 days) to the first party or coalition to try to elect the Speaker of the Assembly; If it is unsuccessful, then the opportunity should be given to the Members of the Assembly to elect another candidate; If this phase also fails, then the President, in accordance with Article 84.2 of the Constitution, must announce new elections within 45 days," he wrote.

And Eugen Cakolli, who is a researcher at the Democratic Institute of Kosovo, said that the reporting judge does not decide on the fate of the request nor the content of the decision. 

"If the panel of three judges proposes inadmissibility and no other judge objects, then the case is closed. But it is enough for another judge to disagree, and the case goes to the full Court for consideration. There, it is decided by a majority vote on each point - both for admissibility and substance. Even if the reporting judge is not in that majority, by decision of the President, the final text is drafted by another judge," Cakolli wrote on Facebook.

According to him, if no investigation or criminal report has been initiated against Judge Laban, "it is difficult to justify how a procedural element such as the appointment of the reporting judge can serve as a reason for withdrawing from a case of fundamental constitutional importance."

The Constitutional Court at the end of June gave MPs one month to constitute the ninth legislature. However, in its ruling after handling the request sent by AAK and supported by other MPs, it did not clarify what would happen if this deadline was not respected.

President Osmani requested clarifications from the Constitutional Court regarding the consequences, and withdrew the case on Tuesday.