Baraliu: Constitutional Court should act quickly so we know what may not have been in line with the Constitution

Constitutional law professor Mazllum Baraliu believes that the most important thing at this point is for the Constitutional Court to act and clarify the situation regarding the constitution of the Assembly and the formation of the government. He believes that the court's decision on whether to impose an interim measure will depend on how the issue was submitted.

"It depends on the content of the question and on whether the Constitutional Court considers it res judicata, that is, a matter already decided, or whether it will examine it. And then, depending on that, it will either accept or reject the request. And then, it will either impose an interim measure or it will not," he told Kosovo Online.

Baraliu believes that the Constitutional Court should act very quickly and should not delay.

"It needs to act urgently and we need to have a ruling, because it has really taken a long time to have institutions operating in a caretaker capacity rather than fully constituted institutions with a mandate, operating under that mandate in accordance with the law and the Constitution. So, a decision needs to be made urgently, so that we have a ruling and know, so that it is clear to us what was done, what may not have been in line with the Constitution, what is in order and what needs to be done next, if anything needs to be done, on the basis of the future ruling of the Constitutional Court," he said.

Asked whether he believed that the institutions had been formed in accordance with the Constitution, Baraliu stressed that no conclusions should be drawn in advance.

"There is a provision in the Constitution stating that the Assembly is considered constituted once the president and all deputy speakers have been elected. However, there is a decision of the Constitutional Court, that is, a ruling, issued afterward, which states that no political party has the right to obstruct or refuse to accept a decision, or to obstruct the constitution and functioning of the Assembly," Baraliu said, noting that the most important thing for the public now is the Constitutional Court's response, namely whether it will impose an interim measure or not.

The Democratic Party of Kosovo (PDK) submitted a request to the Constitutional Court to review the constitutionality of the procedure for constituting the Assembly and announced that it would submit another request tomorrow to review the constitutionality of the election of the government.

The "Kurti IV" government was approved yesterday with 62 votes in favor and eight against, at an extraordinary session convened by the Kosovo Assembly, while PDK, LDK, and Alliance MPs did not participate in the session.