Hasani: Both Kurti’s measure to ban movement and Thaci’s call to oppose a government decision are unconstitutional

Enver Hasani
FOTO: Profesor Enver Hasni/Fakteplus

Albin Kurti did not restrict people’s rights to movement, he deviated from the constitutionally guaranteed rights, an esteemed constitutional law professor, Enver Hasani said in an interview with KoSSev, speaking about last night’s decision by Kosovo’s prime minister to introduce a ban on movement.

The government cannot limit the rights of people to movement via an administrative decision without the assembly’s decision and it could only do so in a state of emergency, Hasani underlined.

On the other hand, he noted that Kurti is restricting movement now, although he previously opposed the introduction of the state of emergency requested by Thaci.

The professor, however, also criticized Thaci’s behavior, referring to his statements on Monday as “unconstitutional.”

“He presented his call to oppose the introduction of these government measures in an inappropriate way. It’s a disaster and it’s wrong,“ he said.

“The situation is difficult because the main institutions are in conflict. While the government insists that there is no need to declare a state of emergency, the head of state believes it is inevitable and the only way to overcome the current situation. This means that there is deep disagreement over who is in charge of what,” Hasani shared his take on the current political situation in Kosovo.

“The government has announced some measures it thinks will help in this situation and they come at a cost to people, constitutionally guaranteed rights, such as the right to movement,” he added.

When asked whether, despite the pandemic, the government does not have the right and constitutional authority to prohibit movement, Hasani replied:

“Yes, because Article 55 of the Constitution says so. It is a matter of limiting fundamental rights. The government could restrict movement if it there was a state of emergency law, in certain situations, and no such law was introduced.”

This decision can only be reached by the assembly. The prime minister himself could not do this, unless he has authority – he added.

“The government cannot make an assessment by itself, because if it is a dramatic state of affairs then a state of emergency should be introduced. On the other hand, although the government says it is not, it restricted general movement,” Hasani underlined.

He noted that Kurti is restricting movement now, although he previously opposed the introduction of a state of emergency as requested by Kosovo President, Hashim Thaci.

On the other hand, Hasani also criticized Thaci’s behavior: „Thaci’s statement from last night is absolutely unconstitutional. He presented his call to oppose the introduction of these government measures in an inappropriate way. It’s a disaster and it’s wrong.“

“The Head of State, if he thinks this is unconstitutional, should send a request to the Constitutional Court, and the Constitutional Court should decide whether it is or is not – not him. It is arbitration and autocracy that is unbecoming for an institution that should be a symbol of unity,” he added.

The esteemed professor advised the Kosovo government to respect the Constitution.

In an interview with KoSSev, Hasani also spoke about the no-confidence motion against the government, explaining the steps to be taken if the motion follows through:

If the no-confidence motion against the government is successful, the head of state would write a letter to Albin Kurti as prime minister, asking him to nominate a prime minister-designate.

The ruling party has an unlimited period of time to submit a proposal for a prime minister-designate; however, from the moment it presents its proposal, the party has 15 days to form a new government.

If the deadline is exceeded, the president can extend the deadline by another 15 days. However, if the ruling party does not submit a proposal, the president may seek a broader consensus which would include other parties.

“I see that everyone wants to resolve this issue and that Kurti is alone. But the subject of the other government – we had Haradinaj and his outgoing government for half a year. Haradinaj also did not have any legitimacy, while the legitimacy of the LVV is five times greater from the legitimacy of AAK and others, and this time is only benefitting them,” Hasani concluded.

 

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Preuzimanje i objavljivanje tekstova sa portala KoSSev nije dozvoljeno bez navođenja izvora. Hvala na poštovanju etike novinarske profesije.