“The decision of the Constitutional Court is a major setback for the ambitious reform program, for the fight against corruption and state capture initiated by Albin Kurti,” Balkan analyst from Germany, Johana Deimel told KoSSev.
The Kosovo Constitutional Court declared on Thursday night that the decree of the President of Kosovo, Hashim Thaci – which appointed Avdullah Hoti from the ranks of LDK as the prime minister-designate of the new Kosovo government – is constitutional.
Thus, the path has been practically cleared to form a new government without elections, which the Self-Determination party, led by Albin Kurti, strongly opposed.
This decision unblocked the process by which the Kosovo Assembly was supposed to vote on the new government – consisting of LDK, Haradinaj’s AAK, Limaj’s NISMA, Pacolli’s AKR, Srpska Lista and other parties representing non-majority communities – on May 2nd.
Deimel, the former deputy director of the Southeast Europe Association, and now a member of the board, recalled the 2014 decision of the Constitutional Court when it ruled in favor of the PDK – which won the then June parliamentary elections – although not obtaining an absolute majority, the party was given the right to appoint the prime minister and the president of the assembly, which was most opposed by the LDK at the time.
“Although in 2014 the Constitutional Court had decided quite differently, it now allows a new government to bring back the old guard,” Deimel said in a statement for KoSSev.
This will further undermine the political trust of the citizens and fuel the political atmosphere – she added.
Deimel pointed out “problem areas in the constitution” which even after the opinion of the Constitutional Court leave room for further interpretations.
“The political crisis since the end of March has pointed out problem areas in the constitution which even after the opinion of the Constitutional Court leave room for further interpretations and which could lead to further dirty deals like in the context and in the wake of the vote of no confidence.”
The court and its decision must be respected, she underlined.
“It should be respected so that the governmental and political crisis is not followed by a constitutional crisis and even a state crisis. Brussels, Berlin, and Paris should observe closely how the forthcoming Hoti government will act, especially with regard to the dialogue with Belgrade, and take clear positions accordingly.”
“But it is important to note: The Constitutional Court has given the Assembly the highest authority. And its composition will be decided by the citizens at the next elections,” Deimel concluded.
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