Kasapolli: The Constitution does not say that MPs can lose their mandate for not voting

Our Constitution is such that no one has the authority to revoke the mandates of Members of Parliament. Nowhere in the Constitution does it state that MPs can be penalized or lose their mandate if they do not vote. There are no such provisions in our Constitution, and I don't believe it will go that far, political analyst Gezim Kasapolli told Kosovo Online.

He said that to resolve the situation in which the constitution of the Assembly cannot be completed, President Vjosa Osmani needs to submit questions to the Constitutional Court, because without that, the situation can drag on indefinitely. He emphasized that the Constitutional Court must be addressed by someone who currently holds power.

"At the moment, the government has neither a parliament nor a functioning cabinet, only the President remains as a functioning authority who could ask the Constitutional Court for further steps, and I believe that is the best way to resolve this crisis. Vjosa Osmani has held meetings with the leaders of political groups, and she will be careful about how she formulates the question to the Constitutional Court, because this will not just set a precedent for this government and this parliament. It will apply to future governments and future parliaments, as we may face similar complications again," Kasapolli stated.

He recalled that a 2014 decision by the Constitutional Court granted the exclusive right to the party that won the elections to have or propose the Speaker of the Assembly.

"This means that even if one political party has only a single MP more than others, that party cannot block the entire process. Some issues need to be resolved now so that we don’t face the same problems in the future," Kasapolli noted.