Constitutional Court of Kosovo suspended Thaci’s decision to appoint Hoti as prime minister-designate

The Constitutional Court of Kosovo issued a provisional measure preventing the Kosovo Assembly from making any decisions on the new government, pending the decision on Self-determination’s request for a review of the constitutionality of the decree of the Kosovo president, which appointed Avdullah Hoti as the new prime minister-designate. The implementation of the Kosovo President’s decree has been suspended until May 29th – when the Constitutional Court will declare whether this decision is constitutional or not.

Ahead of tomorrow’s assembly session – at which, at the request of the LDK, a new government of Kosovo was to be voted in – another debate was raised on whether the Kosovo president’s decision to give the mandate to form a new government to LDK, instead of LVV – the party which won the most votes in the last elections, was in accordance with the constitution.

Kosovo President, Hashim Thaci made this decision yesterday, after repeatedly urging the LVV to propose a new prime minister-designate after a no-confidence motion against the coalition government with the LDK was adopted. LVV, however, failed to do so, citing the public health crisis caused by the COVID-19 pandemic.

A constitutional law professor and former president of the Kosovo Constitutional Court, Enver Hasani told KoSSev back in March that in the event of a vote of no confidence, Thaci is required to give a mandate to the party that won the most votes in the last elections. Hasani, however, also revealed that the same decision does not define the deadline by which that party must propose a prime minister-designate.

Thus, immediately after a mandate was granted to LDK, LVV addressed the Constitutional Court of Kosovo, requesting a review of the constitutionality of Thaci’s decision.
The Constitutional Court of Kosovo will present its final judgment on the constitutionality of the decree of the Kosovo president – with which LDK senior official, Avdullah Hoti was appointed as the new prime minister-designate – by the end of the month. Until then, however, the Kosovo Assembly will not be able to vote on the LDK’s proposal for a new government composition.
LDK leader, Isa Mustafa announced earlier today, following a session of the party’s presidency, that there was no reason for the Constitutional Court to issue an interim measure, adding that the party would respect any decision reached by this court.

„If the Constitutional Court reaches such a decision, we will not hold any assembly sessions, but we will wait for a final decision. We will not violate the Constitutional Court’s procedures in any way,“ Mustafa said, Pristina-based Koha reported.

Lawyer Kushtrim Palushi told KoSSev earlier today that there is a possibility that the Constitutional Court could suspend the decision of the Kosovo president to appoint a prime minister-designate either later in the day or early next week.

If a session is held, however, then the assembly’s decision may be subsequently overturned by the Constitutional Court, he added while still waiting for the Court’s outcome.
The Ambassador of the United Kingdom to Pristina, Nicholas Abbot also urged political actors to respect the decision of the Constitutional Court.

“In view of recent political moves, I believe it is as important as ever that the Constitution, and the processes it covers, be respected by all political actors. This includes the role of the Constitutional Court which should be able to deliberate independently, without fear or favour, on the legality of political actions by all Kosovan state institutions. Their decisions should be respected by all,” Abbott wrote on Facebook.

The LDK, a former coalition partner of the LVV and runner-up in the last parliamentary elections, negotiated with representatives of Kosovo parliamentary parties earlier this week and reached a coalition agreement with Ramush Haradinaj’s AAK, Fatmir Limaj’s NISMA, Srpska Lista and other minority parties. The LDK government’s proposal will also receive the support of Behgjet Pacolli’s AKR (New Kosovo Alliance) party. According to Pacolli, however, AKR will not be part of that government.

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