Legal and constitutional experts say that the Constitutional Court's ruling did not bring a solution to the institutional crisis in Kosovo. According to them, a solution can now only come through a political agreement, or with the intervention of the president.
The Constitutional Court of Kosovo issued the order, but there is neither implementation nor agreement in the Assembly.
For the 39th time on June 29, the elected deputies failed to constitute the legislative institution.
As the 30-day deadline - set by the Constitution for concluding the constitution - passes, they remain locked in deep political disagreements.
Experts in legal-constitutional issues warn that if the Assembly does not conclude this process by July 26 - when the Constitutional deadline expires - Kosovo risks being engulfed by complete institutional paralysis.
Mazllum Baraliu, professor of Constitutional Law, says that responsibility for the current situation lies not only with political parties, but also with the Constitutional Court's decision itself.
"The Constitutional Court has not specified things sufficiently and properly, so as not to allow room for everyone's interpretation, according to their own whims and desires," he tells Radio Free Europe.
Acting Prime Minister Albin Kurti called a meeting of political party representatives in an attempt to unblock the situation, but after more than two hours of discussions on June 28, the meeting ended without compromise - with each side blaming the other and interpreting the Constitutional Court's decision in different ways.
What does the Constitutional Court's judgment say?
The Constitutional Court of Kosovo found on the 26th that MPs are obliged to conclude the constitutive session of the Assembly no later than 30 days, by electing the speaker and deputy speakers.
The Constitutional Court did not rule on the legality of the refusal of the secret ballot.
"The election of the Speaker and Deputy Speakers of the Assembly is a prerequisite for the Assembly to begin functioning, and this requires all MPs to be present and vote for the constitution of the Assembly, so that the latter can begin functioning as a legislative, decision-making body as soon as possible," the decision said.
Ehat Miftaraj, executive director of the Kosovo Law Institute, says that the Constitutional Court's ruling does not provide clarity on the actions that should be taken if the Assembly fails to be constituted within the deadline.
He warns that the parties may continue the blockade and clashes, attributing blame to each other, while after July 26 the situation remains uncertain.
"The judgment did not foresee any consequences if (the constitution of the Assembly) does not occur by July 26 or within 30 days, as the legal deadline provides," he tells Radio Free Europe.
The necessary political agreement
To overcome this blockade, experts in legal and constitutional issues believe that it is necessary to reach a political agreement between parliamentary entities.
Miftaraj says that the main burden of responsibility for demonstrating the political will for an agreement falls on the party that won the most votes in the February 9 elections - Kurti's Vetevendosje Movement.
"Unfortunately, this (situation) may last until the ruling party or Albin Kurti decides to change the candidate (for Speaker of the Assembly) and offer a solution," he says.
Baraliu shares a similar opinion, but emphasizes that other main parties, such as the Democratic Party of Kosovo, the Democratic League of Kosovo, or the Alliance for the Future of Kosovo, are not exempt from this responsibility.
According to him, although there are no legal sanctions for failing to reach an agreement on the constitution of the Assembly by July 26, parties bear political, ethical and moral responsibility before the citizens who elected them.
"Political parties are institutions. Political, ethical and moral responsibility should be as much - if not more - than criminal responsibility," Baraliu emphasizes.
Kurti told reporters on June 30 that he is ready for meetings and constructive consultations with other political parties, as well as for cooperation in a spirit of trust.
He reiterated that, if Albulena Haxhiu is not elected Speaker of Parliament through a secret ballot, the Vetëvendosje Movement is open to changing the candidate.
Haxhiu, for several times in a row, failed to obtain the necessary 61 votes for speaker of parliament.
Other parties insist on open voting, which is why they have not responded to the continuous request of the chairman of the constitutive session, Avni Dehari, to propose representatives for the commission that would oversee the secret ballot.
The president?
Considering that political parties are currently not showing any willingness to overcome the blockade in the constitution of the Assembly, one of the addresses that should address this situation is the President of Kosovo, Miftaraj estimates.
According to him, President Vjosa Osmani has a mandate to ensure the democratic functioning of constitutional institutions.
In this specific case, the functioning of the Assembly is not progressing properly, therefore Osmani can turn to the Constitutional Court, he says.
"It can request and send questions regarding whether this is an abuse that the ruling party is doing - by not changing the proposed candidate - to constitute the Assembly," says Miftaraj.
Bekim Kupina, media advisor to President Osmani, announced that she will invite political party leaders to meetings in the coming days.
He said that Osmani expects the parties represented in the Assembly to implement the Constitutional Court's ruling and conclude the constitutive session within the 30-day deadline, as required by the Court.
"If the need arises, the president remains ready to address the Constitutional Court for additional clarifications," Kupina said on June 30.
But, Baraliu considers that the president is delaying the treatment of paralysis in the Assembly.
"It must initiate the procedure at the Constitutional Court before these 30 days (before July 26). The Constitution authorizes it to initiate issues that are contentious and unclear between the parties," he emphasizes.
On Monday, over 50 civil society organizations reacted to the blockage of the constitution of the Assembly, stressing that "the institutional vacuum is leading to the dysfunction of constitutional institutions."
The organizations underlined that the winning party has the right to propose a candidate for president, but this right is not absolute, as it must cooperate with other parties to secure the necessary majority.
According to them, the Constitutional Court has made it clear that both the winning party and other parties must cooperate in good faith to elect the Speaker of the Assembly and that "violation of this principle is a violation of the spirit of the Constitution."
For the Assembly to be considered constituted, the president and five vice presidents must receive at least 61 votes from the deputies./ REL (A2 Televizion)
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MUND TE LEXONI GJITHASHTU
