Analysts: Election of Deputy Speaker from the Serbian Community contrary to the Constitution

Analysts in Pristina are unequivocal that the current course of the election of the Deputy Speaker of the Kosovo Assembly from the Serbian community represents a “new scenario for blocking the Assembly,” but is also in complete contradiction with the Constitutional Court’s ruling and established parliamentary practice in Kosovo. They warn that if this case is brought before the Constitutional Court, there is “reasonable expectation” that such a manner of election will be declared unconstitutional.

Researcher at the Kosovo Law Institute, Gzim Shala, underlined that the situation reflects a “new scenario for blocking the Assembly of Kosovo,” and that if the parliamentary majority votes to appoint Nenad Rašić as deputy speaker, the case could “easily end up before the Constitutional Court.”

“In this particular case, we are dealing with a violation of the Constitution, the Rules of Procedure of the Assembly, the ruling of the Constitutional Court, and previous parliamentary practice. This situation now clearly shows that there is a new scenario for blocking the Assembly of Kosovo,” Shala told Kosova Press.

He explained that the voting process must be carried out “as a package,” which means that the election of Emilija Redžepi is also unconstitutional.

“We have a double violation of the Constitution – both in the election of Ms. Rexhepi from the non-Serb community, and in the denial of the Serbian community’s right to be represented in the Presidency of the Assembly… If the case goes before the Constitutional Court, on the basis of the Constitution and previous parliamentary practice, there is reasonable expectation that this decision and the method of electing the deputy speaker will be declared unconstitutional by the Court,” Shala emphasized.

Lawyer Ardijan Bajraktari also stated for Kosova Press that the election of deputy speakers of the Kosovo Assembly from non-majority communities “must be conducted in a package,” and that the proposal for Nenad Rašić must come from within the Serbian party.

“The attempt to deviate from established practice is contrary to the ruling of the Constitutional Court, especially the most recent decision, which in paragraph 156 obliges MPs to elect the Speaker and members of the Presidency as soon as possible, and no later than 30 days from the publication of the judgment,” Bajraktari noted.

He stressed that any deviation from established practice is “contrary to the ruling of the Constitutional Court,” particularly the latest one.

“Any attempt to deviate from, or alter, the established course of practice is contrary to the ruling, and therefore contrary to the Constitution. Moreover, the intent of anyone to propose or elect an individual who does not represent the majority of the community in question is, in my view, also contrary to the very principles on which our state is founded and operates according to constitutional principles. Furthermore, it is also in violation of the Assembly’s Rules of Procedure, as Article 12, paragraph 6 clearly stipulates that the representative, i.e. the member of the Presidency from the Serbian community, must be proposed by the majority of MPs representing that community,” Bajraktari underlined.