Civil society: Failure of the constitution planned by VV, the session should be called as soon as possible

Civil society has called for the rapid and unhindered formation of institutions, following the failure to constitute the Parliament on Tuesday. While KDI believes that the actions that prevented the verification of the mandates of the deputies were planned by the largest party, the Vetevendosje Movement, IKL considers the manner of resignation of the acting Prime Minister, Albin Kurti, to be inappropriate.

President Vjosa Osmani cannot provide solutions to the Kosovo Assembly, given the situation that has arisen, says Democratic Institute researcher Violeta Haxholli.

After the failure to approve the report on the verification of the mandates of the deputies, it has been announced that the issue will be addressed to the president.

As of Tuesday afternoon, the Office of the President confirmed that they had not received any letters.

But, Haxholli says that even if this letter were addressed to him, the only institution for interpreting the Constitution is the Constitutional Court.
"When the ball is passed to the president, she doesn't even have the mandate to interpret the Constitution. I don't believe she will have the courage. She knows she doesn't have the authority to interpret the Constitution, what the Assembly should do, how it should act," said Haxholli.

According to her, the announcement of the resignation of the acting Prime Minister, his non-inclusion in the final report, is a scenario designed by the largest party, the Vetëvendosje Movement, in the absence of sufficient votes to constitute the Assembly.

"It was thought of much earlier, it was thought that it would come here. It is a well-planned scenario by the first party to buy time to secure the numbers to form the institutions," she said.

The Kosovo Institute for Justice considers that Kurti's letter to Konjufca does not constitute an act of resignation.

According to the KLI, the uncertainties regarding the resignation of government members have been created due to the lack of adequate regulation of the Law on Government.

"Based on Law No. 08/L-117 on the Government of the Republic of Kosovo, the Prime Minister must resign at the moment of his oath as a member of parliament. From this moment on, the Government will continue to function as a government in resignation, but it cannot be led by Mr. Kurti. Leadership in this case passes to the Deputy Prime Minister of the incumbent Government and ministerial positions are led by deputy ministers. Exceptions are cases when a minister has not been elected as a member of parliament, in which case he can continue to exercise his duties," the Kosovo Law Institute said.

Constitutional law professor, Kadri Kryeziu, has stated that the incumbent Prime Minister, Albin Kurti, should have resigned from this position earlier.

Former member of the Constitutional Court, Kadri Kryeziu, says that the situation is more technical than legal.

"He had a duty to resign earlier than the prime minister, otherwise he is the acting prime minister, he is not a full-fledged prime minister, he is only legal, he has a constitutional duty to continue working until the new prime minister comes, and he can perform the function of a deputy and also perform the temporary function of prime minister until a new prime minister comes because the Constitution does not allow him to leave the office empty-handed... He should have resigned because he has to vote for the constitution of the institutions, and he should have resigned in the sense that he takes the new position....delayed because it should have been earlier when the verification of the mandates began, it should have been like other parties together with his own party. I should have gone and taken the mandate like any other party", said Kryeziu.

Meanwhile, the former president of the Constitutional Court of Kosovo, Enver Hasani, says that the Kosovo Assembly is not blocked and can meet every 48 hours, after the deputies failed to constitute this institution.

In an interview with REL, he said that the opposition was also wrong because this is all a formal process.