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The European Union Ambassador to Kosovo, Aivo Orav, said that the international community is analyzing the decision published by the Constitutional Court of Kosovo, while calling on political parties to form new institutions as soon as possible.
"We are currently analyzing it, but of course our hope is that the Assembly will be constituted as soon as possible and we hope to have a government with a full mandate as soon as possible," Orav said during a statement to the media on October 1.
A day earlier, the Constitutional Court published the announcement of its decision regarding the Assembly issue, stating that the legislative body has not been constituted, as the new Speaker of the Assembly, Dimal Basha, had alleged at the end of August.
The Constitutional Court said that the Assembly is not considered constituted without the election of the Deputy Speaker from among the Serbian community.
"Please, constitute the Assembly and please form a government," he appealed to the European bloc's ambassador to Kosovo.
The Constitutional Court said that the constitutive session - which began on April 15 - has not ended and must be concluded within 12 days.
The full investigative verdict has not yet been published and only after its publication will the 12-day deadline begin.
The Constitutional Court ordered the deputies that “in accordance with Article 4 [Form of Government and Separation of Powers], Article 7 [Values], paragraph 4 of Article 67 [Election of the President and Vice-Presidents] and Article 74 [Exercise of Function] of the Constitution of the Republic of Kosovo, during the procedure for the election of the Vice-President of the Assembly of the Republic of Kosovo from among the deputies of the Serbian community, to 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”.
The highest court in Kosovo made this decision following a complaint by the Serbian List – the largest Serb party in Kosovo – regarding the separate voting of candidates for deputy presidents of the Kosovo Assembly from among minorities.
Emilija Rexhepi has been elected Deputy Speaker of the Assembly from the non-Serb minority, while no Serb MP has secured the necessary votes for the position reserved for this minority, despite several rounds of voting.
The Serbian Political List believes that the Speaker of the Assembly, Dimal Basha, did not act fairly when he unilaterally declared the Assembly constituted without the Serbian Deputy Speaker being elected.
After accepting the complaint, the Constitutional Court imposed a temporary measure, which prohibited the deputies from taking action towards the formation of the new Government until September 30, as there were suspicions of a constitutional violation.
The Constitutional Court said that the temporary measure will remain in force.
The Vetevendosje Movement – the winning party in the February 9 elections – has previously stated that the package voting of the two deputy chairmen of non-majority communities is not required by the Constitution, as the Serbian List has claimed, and that the Rules of Procedure of the Assembly are not the most important document of the country.
Despite elections being held in February, Kosovo still lacks new institutions. The largest Albanian parties have not reached an agreement to move the process forward, and as a result, the Constitutional Court has been forced to issue several rulings.
In the parliamentary elections, the Vetëvendosje Movement came first and won 48 seats in the Assembly. The Democratic Party of Kosovo came second with 24 seats, the Democratic League of Kosovo third with 20, followed by the Serbian List with nine and the coalition between the Alliance for the Future of Kosovo and the Social Democratic Initiative, with eight.
Another 11 seats belong to minorities.
The international community has repeatedly called for Kosovo to form new institutions as soon as possible./ REL
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