The President of Kosovo, Vjosa Osmani, declared that if the Assembly is not constituted, she will address the Constitutional Court with a request for clarification on what will happen after 30 days. According to Osmani, it should be clarified what the legal consequence of “failing to fulfill the constitutional obligation to constitute the Assembly” is . After the graduation ceremony of the cadets, Osmani told reporters that there will be meetings with political parties today as well. She emphasized that the blockade on the type of voting is irrational.
"First of all, I have not yet finished the meetings, there are also some political parties that I will meet with today because I wanted to hear individually from each party, regardless of how many deputies they have in parliament. Because as you know, the constitution of the Assembly also depends on the will of each deputy of the Republic of Kosovo. We have had good meetings, but of course the main parties still have diametrically opposed positions, but this does not mean that within this deadline there will be no rapprochement. There are some things that can be agreed upon and I would hope that there will be because I think that the current blockade on the type of voting is very, very irrational.
The Head of State further emphasized that in meetings with party leaders she emphasized that when "something is constitutionally mandatory, failure to fulfill this obligation does not go without consequences".
"Now, as you know, we also have two or three new cases in the Constitutional Court regarding the method of voting. And I don't know if in these cases a temporary measure has been requested to prevent the deadline from running. But if there is no temporary measure to prevent the deadline from running, then we have less than 25 days left, and the Constitutional Court's judgment, as I have emphasized in all meetings with the parties, does not allow the constitution within 30 days as an option, but clarifies it by taking into account the interpretations of different states in similar constitutional systems. It clarifies that this is mandatory and what I have mentioned in these meetings and will continue to say is that when something is mandatory in the constitutional aspect, this means that the failure to fulfill this obligation does not go without consequences. So there will be legal consequences, it's not like we can expect the Constitutional Court to say, 'well after 30 days continue the same, meet every two days and do nothing', she added.
She warned that she will address the Constitutional Court for clarification if the ninth legislature of the Assembly is not constituted soon.
"I will plan, if there is no constitution of the Assembly very soon, to address the Constitutional Court with a request for clarification regarding what happens after 30 days. Because it must be clarified what the legal consequence is of not fulfilling the constitutional obligation to constitute the Assembly within 30 days. Because there must be legal consequences. I will speak at length when the meetings with the political parties are over regarding both the content of the meetings but also regarding the plans we have in the coming days", emphasized Osmani.
The President of the country, Vjosa Osmani, has also announced the assessment of her legal team regarding the Constitutional Court's judgment on secret voting. She said that it is allowed as a possibility, but before such a step the Assembly must be consulted.
"The Constitutional Court's judgment has created more space for more interpretations. Even when you usually have two lawyers in a courtroom, you have five different interpretations from two people. Even though I am a lawyer myself and have legislated constitutional law both in Kosovo and in the US, however, in my capacity as president I always leave the legal assessments to my legal team and many external experts who are also professors in this field. And the conclusion of my legal team, with which I agree, is that if the judgment is read in its entirety, a secret ballot is not ruled out as a possibility, however, the consensus of the deputies is required for this. This means that there must be a vote, an attempt at a session before such a method is used," she stated.
In this judgment, Osmani said that great importance is given to the analysis of " are the deputies performing their function". According to her, if the deputies fail to perform their function within 30 days, then this is one of the most serious violations.
"The people are unable to exercise sovereignty through elected representatives, this is one of the most serious violations since the day the Constitution of the Republic of Kosovo was adopted. Therefore, I am saying it once again, if the Assembly is not constituted within 30 days, there will be consequences. I am convinced that the Constitutional Court will clarify what those consequences will be." The
deputies will meet again tomorrow, for the forty-second time, to attempt to constitute the Assembly of Kosovo. (A2 Televizion)
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