The members of the Kosovo Assembly once again failed to take the oath and constitute the ninth legislature. The session remained at the first point on the report of the temporary Commission for the verification of mandates.
As the days go by and the Constitution stipulates that the Assembly must hold its constitutive session within 30 days of the certification of the results, there is uncertainty regarding the possibility of burning mandates for MPs.
"Such a situation was not foreseen when the deputies themselves refused to be constituted and take their mandate as deputies, so we really have a constitutional and legal vacuum here because such a situation was not foreseen," said Melos Kokshi from IKL.
At the point where the session has remained, there is no room for interpretation even by the Constitutional Court, since since 2018 this institution does not deal with questions but requires an act, in this case from the Assembly of Kosovo.
"Currently, the situation is unclear due to the fact that it cannot proceed further, even if it is to go to the Constitutional Court, due to the fact that a decision of some kind is needed, which of course we have not seen either today or on the day the hearing began," said lawyer Ardian Bajraktari.
However, in its rulings, the Constitutional Court obliges subjects to work towards the functionalization of institutions.
"Both the constitution and the judgments of the Constitutional Court, such as the one of 2014 and also of 2020, clearly and explicitly foresee that they must take action towards implementing the will of the country's citizens expressed in the elections, therefore they must reflect on these responsibilities as soon as possible," the lawyer added.
Parties are asked to find the will to constitute the Assembly and not to deal with issues that are not within their competence.
"Constitutional violations are determined and identified by the Constitutional Court, it is not the parties that assess the constitutionality of a certain issue, so in relation to this issue they must constitute the Assembly and then only if they doubt that constitution can they challenge it in the Constitutional Court," added Melos Kokshi.
The continuation of the session for the constitution of the Assembly is expected to be held on Saturday, 48 hours after the interruption, as specified by the constitution and regulations of the Parliament. (A2 Televizion)
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