If political parties do not reach an agreement or compromise on voting for the speaker of the Assembly of Kosovo and his deputy speakers, they risk blocking the constitution of this legislative institution and plunging the country into an institutional impasse, say experts on political and constitutional issues.
The constitutive session of the Kosovo Assembly, which began on April 15, was interrupted for the fourth time this Monday and has consequently been postponed to Wednesday at 10:00, reports A2.
The Vetevendosje Movement (LVV), the winning party in the February 9 parliamentary elections, as well as the three other parties, the Democratic Party of Kosovo (PDK), the Democratic League of Kosovo (LDK) and the Alliance for the Future of Kosovo (AAK), have blamed each other for blocking the constitution of the Assembly.
The Vetëvendosje Movement, which insists on proposing that its MP, Albulena Haxhiu, be Speaker of the Parliament, has sought agreement with other political parties on this issue, as well as on the election of the deputy speakers of the legislature.
The LVV proposal has been consistently opposed by the PDK, LDK, and AAK.
Possible compromise
Albert Krasniqi from Demokraci Plus (D+) in Pristina tells Radio Free Europe that from a political perspective, the constitution of the Assembly is at a standstill, due to the Vetevendosje Movement, which has not managed to secure the necessary 61 votes from MPs to approve its proposal.
"When you don't have the numbers, it looks like a compromise and you can't impose candidates [for Speaker of the Assembly]," Krasniqi emphasizes.
He adds that, considering the categorical rejection of the LVV proposal by the three other parties, PDK, LDK, and AAK, the winning party would have to give up.
"The Vetevendosje Movement should make an effort to dialogue with political parties, so that there is a suitable candidate - at least for the majority of MPs - in order to unblock the situation," says Krasniqi.
Constitutional Law Professor Mazllum Baraliu has a similar opinion. He emphasizes that by Wednesday, when the session is expected to continue, political parties must find a compromise that would unblock the impasse in which the constitution of the Assembly has stalled.
The compromise, according to him, means an agreement that includes proposals in a package, for the Speaker of the Assembly and for the five deputy speakers, from Albanian parties and non-Serb and Serbian minority communities.
"During these 48 hours, [political parties] should agree to find a compromise in the package. So, if not with this candidate - who has failed the winning party or coalition three times - then with another candidate, who may be more acceptable to other parties, as Speaker of the Assembly, as well as for the candidates for deputy speakers," emphasizes Baraliu.
According to the Rules of Procedure of the Assembly of Kosovo, any interruption of the constitutive session of the Assembly of Kosovo cannot last more than 48 hours.
While PDK and AAK have suggested that the Vetevendosje Movement should propose another candidate acceptable to political parties, LDK has emphasized that it will not vote for any LVV candidate for speaker of parliament.
What if there is no compromise between political parties?
The lack of an eventual agreement between political parties that would resolve the situation regarding the election of the Speaker and Deputy Speakers of the Assembly would further deepen the institutional impasse.
Krasniqi and Baraliu share this opinion.
As they say, if there is no agreement between the political parties on the election of the Speaker of the Assembly on Wednesday, there is no legal restriction for the constitutive session to continue every 48 hours after each interruption, "indefinitely."
Krasniqi expresses the opinion that the Vetëvendosje Movement may continue not to propose another name for Speaker of the Parliament.
"If the LVV does not propose a name, then this can be contested in the Constitutional Court, because the right to propose does not imply the right to impose a candidate and, even less, to block the constitution of the Assembly," says Krasniqi.
However, only the President of Kosovo, the Ombudsman, and the Assembly of Kosovo have the right to refer certain issues to the Constitutional Court.
Professor Baraliu expresses the opinion that before any of the institutions eventually addresses the Constitutional Court, on the issue of unblocking the process of constituting the Assembly, the President of Kosovo, Vjosa Osmani, could intervene.
He emphasizes that President Osmani has the constitutional authority to guarantee the smooth running and "constitutional functioning of institutions."
"In this case, progress means - also procedurally - the beginning and continuation of the constitution of the Assembly. On this basis, it can intervene at any time," Baraliu emphasized.
However, the president's intervention in this case is only a kind of mediation or invitation for political parties to come to an agreement to complete the process of constituting the Assembly.
Otherwise, according to Baraliu, President Osmani, the Ombudsman or a group of Assembly deputies may send a request to the Constitutional Court, "for an assessment regarding the limitation of the deadlines for the constitution of the Assembly, and especially regarding whether there are restrictions regarding the repetition of the continuation of the session every 48 hours."
"What should be done in this situation? The [Constitutional] Court has already made a statement earlier that such questions as 'what and how' should not be asked. But, a proper formulation must be found, in order to force the Court to give an adequate and competent opinion," Baraliu said.
Radio Free Europe has contacted the Presidency of Kosovo regarding this issue, but as of the publication of this article, has not received a response.
Last week, Osmani expressed her willingness to talk with political parties about the way forward, if they see this as necessary.
Based on the disagreements between political parties regarding the election of the Speaker of the Assembly, the Vetëvendosje Movement said on Monday that political groups should be called, the Assembly should be constituted, and then an agreement should be reached to dissolve it and the country should go to elections./ REL (A2 Televizion)
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