The election of Dimal Basha as speaker of parliament raised hopes that the deadlock in the Kosovo Assembly would end. But another obstacle soon arose. The constitution process stalled in the election of the Serb deputy speaker, as – at the instigation of the Vetëvendosje Movement – the vote for him was separated from the package for the election of deputy speakers from minorities, as has usually happened. The Constitutional Court, after the case was referred to it, set a temporary measure of 25 days of suspension of the work of the Assembly, which expired yesterday. Expectations were high for a decision that would clarify the way forward for the Assembly and finally end the deadlock. However, this did not happen – at least not without the full publication of the decision. Did the Constitutional Court make a decision?
Express newspaper
After 25 days of suspension, the Constitutional Court yesterday found that the Assembly of Kosovo is not constituted and ordered that the constitutive session be concluded within the remaining 12 days. This deadline will begin to count after the entry into force with the publication of the decision on the official website of the court and in the Official Gazette.
The Constitutional Court also had another order for elected deputies that they would hardly implement.
She ordered that during the procedure for electing the Deputy Speaker of the Assembly of the Republic of Kosovo from among the deputies of the Serbian community, they exercise their constitutional function in the best interest of the Republic of Kosovo and in accordance with the Constitution and the Rules of Procedure of the Assembly.
A signal of what could follow if the Assembly is not constituted even after the expiration of the 12-day legal deadline was given yesterday by LDK MP Arben Gashi.
"From the day the decision enters into force, the Assembly has only 12 days to conclude the process. The court has obliged all deputies to exercise their function in the interest of the Republic of Kosovo, respecting the Constitution and the Rules of Procedure of the Assembly.
"The constitutional logic is clear: if the Assembly is not constituted within the constitutional deadline, it is dissolved and the citizens decide again in elections within 45 days. There are no more excuses for political blockades. So, the path is simple: either the Assembly is constituted, or the country goes to elections," he wrote.
But what is the way forward without the will to constitute the Assembly and without the possibility of the country going to elections without the constitution being completed?
When in August the Constitutional Court set a 30-day deadline for constitution and when it determined that a name for speaker of parliament could be voted on up to three times, the situation seemed more optimistic.
After Vetëvendosje tried several names that served as ministers in the Kurti II Government, the proposal with Dimal Basha also received the votes of several other parties.
After sitting in the first chair, the new speaker had a request from his party to rehabilitate - the separation from the package of deputy speakers of the Assembly from the ranks of minorities.
MP Elbert Krasniqi, who was among Kurti's most loyal ministers during his four years in government, also participated in the administration of this request.
The goal was to elect Nenad Rašić as vice president and not any of the Srpska Lista deputies.
The main Serb party in Kosovo initially proposed Slavko Simić for vice president, but even after being proposed three times, he did not receive the necessary votes.
Basha then made the decision to choose the Serbian vice president by drawing lots.
This procedure was opposed by the Srpska Lista, which appealed to the Constitutional Court, while in the Assembly it boycotted the vote despite Basha putting the majority of its deputies' names to the vote as a matter of procedure.
Rashiq did not receive the votes of parties other than Vetëvendosje either, as his separation from the package was considered unconstitutional.
However, this did not prevent Basha from declaring the constitution of the Assembly a done deal, while the country's president, Vjosa Osmani, also held this position.
In response to Srpska's complaint, the Constitutional Court ex officio imposed the interim measure, which entered into force on September 5 and expired on September 30.
For this, the Constitutional Court was attacked by the Vetëvendosje Movement, which, after nearly seven months of delay in establishing the institutions, considered a 25-day suspension a waste of time. Vetëvendosje also issued warnings to the Constitutional Court.
The vice-chairman of this party, Glauk Konjufca, in a speech before the General Council of the Vetëvendosje Movement, constructed three scenarios for the possible decision of the Constitutional Court and accused one of them of committing "state treason".
"Now the court is facing a major decision. The Constitution does not give any supremacy in relation to the Presidency of the Assembly to the winning party of the Serbs. Therefore, the court has nothing to interpret beyond the Constitution. This is the highest act of the Republic. Either the way will be opened for the Assembly to continue or we will go to new elections. But the third scenario, which I cannot even imagine, is the worst possible one. A scenario at the level of state treason, I would say. A scenario that gives the Serbian List and Belgrade the right of veto over the Republic of Kosovo. The Republic of Kosovo cannot be a hostage of the Serbian List," Konjufca had said.
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