Publicist Veton Surroi said on Tuesday that Kosovo’s Serbian community has a constitutional right to be represented in the Presidency of the Assembly through the position of vice president – stressing that this right “is not granted, but belongs to the community.”
His comments came the same day Kosovo President Vjosa Osmani submitted to the Constitutional Court her observations on the Court’s temporary measure banning MPs from taking any steps to form a new government or undertake Assembly procedures until September 30.
The interim measure was issued following a complaint by the Serb List – and also at the Court’s own initiative – after newly elected Speaker Dimal Basha declared the Assembly constituted on August 30 despite the absence of a Serbian vice president. This was the third session at which the position remained unfilled.
Vetëvendosje initially rejected the Serb List’s first nominee on three occasions, then resorted to drawing lots for subsequent candidates. None of the names selected – including Nenad Rašić, backed by Vetëvendosje – secured the required majority.
After Basha declared the Assembly constituted, the Serb List lodged a request with the Constitutional Court contesting the procedure of separately electing a Serbian vice president and introducing a draw for the post.
Opposition MPs and legal experts argue that without a full Presidency the Assembly cannot be considered fully constituted, accusing the leadership of procedural violations and direct breaches of the Constitution.
President Osmani, however, dismissed these claims on Tuesday, saying she believes there is a deliberate attempt to block institutions. She argued that the Assembly can start work without one vice president, noting that it already has a Speaker, a quorum of the Presidency, and MPs who have been sworn in.
She urged the Court not to allow anyone “a veto over vital state processes.”
Vetëvendosje also submitted its comments to the Court. Acting Justice Minister and Assembly Vice President Albulena Haxhiu echoed Osmani’s stance, saying no ethnic, gender or social group has a veto over Kosovo’s institutions because the it is “a unitary state, not a multiethnic one.” She again accused the Serb List of obstruction and confirmed Vetëvendosje had asked the Court to reject the party’s appeal.
“This Right Belongs to the Community”
In his statement, Surroi countered that by refusing to elect a Serbian vice president, the Assembly majority has already violated the constitutional rights of Kosovo’s Serbs.
He underlined that:
• the Serbian community has a constitutional right to a vice president of the Assembly;
• it nominated its candidates in line with the Constitution and Rules of Procedure;
• the majority failed to elect any of them, preventing the completion of the Presidency and denying the community its right.
“The Serbian community is represented in the Kosovo Assembly by 10 MPs. Each of these 10 MPs has an equal right to be elected vice president – no MP has more or fewer rights. The obligation lies with a majority of at least 61 MPs to elect a vice president representing the Serbian community,” Suroi said.
He added that the Serbian community had not blocked or vetoed any process nor prevented the Assembly from being constituted, but had enabled the majority to elect and complete the Presidency with its proposals.
“By failing to elect any of the candidates proposed by the two political entities representing the Serbian community, the majority prevented the completion of the Assembly Presidency and at the same time denied the community’s constitutional right. This constitutional right must be fulfilled,” Surroi concluded.
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