Baraliu: Clear procedures exist for banning political parties; this is not a matter of personal wishes

Constitutional law professor Mazllum Baraliu told Kosovo Online, commenting on the announcements about banning the Serb List, that this is not a matter of anyone’s wishes, but of clear procedures and respect for the law.

The Self-Determination Movement initiated the banning of the Serb List on three occasions before the February parliamentary elections, labeling it a "terrorist organization," while Serbian President Aleksandar Vucic recently stated that this party could be banned ahead of the October elections.

Baraliu emphasized that clear procedures exist, as well as reasons why a party may be banned in Kosovo.

“When a potential political party engages in activities contrary to the constitutional and legal system or against Kosovo’s Criminal Code... In that case, first a proposal is needed from at least two ministries, which then goes to the Central Election Commission (CEC), and it decides on the matter,” Baraliu said.

He also noted that in cases of law violations by a party, even the CEC, physical or legal persons can file criminal charges to initiate a criminal process.

“These are cases where a party can be removed from the registry, not for political reasons, beliefs, or because a political party wants or wishes it,” Baraliu stressed.

When asked whether it is possible to form a stable government without the participation of the Serb List, the analyst said it is possible, but the key problem in Kosovo is that Albanian parties cannot agree among themselves.

“Most Albanian political parties can form a two-thirds government. However, they are absolutely not united. Everyone is against everyone,” Baraliu said.

He recalled that this was evident after the February elections, when a group of experts urged the parties that forming a unity government was in the citizens’ interest.

“A broader government would solve all Kosovo’s problems, both internal and external. But that did not happen,” Baraliu said.

He added that cooperation with the Serb List was interrupted after the events in Banjska, but the key problem remains that Albanian parties cannot agree.

“They cannot cooperate among themselves or agree on a unity government that would solve all problems and take responsibility. It would be easier if everyone was included and if there was a unified stance on certain issues. That did not happen because there is not enough democratic rationality and, unfortunately, if you will, insufficient awareness among all political parties about the impact they have on the country’s stability and development, as well as on solving citizens’ issues,” Baraliu said.

He stressed that such a unity government is also needed because of current international upheavals.

“Everyone needs to unite because there are serious risks in the international community, but they cannot agree. That is why, unfortunately, we have neither a government nor a parliament,” Baraliu concluded.