Osmani submitted comments to the Constitutional Court: Kosovo cannot be blocked because of one vice president

President of Kosovo Vjosa Osmani stated that she had submitted comments and positions to the Constitutional Court regarding the constitution of parliament, stressing that “it is not the first time that the Serb List has boycotted institutions.”

“Today we responded to the Constitutional Court with our comments and positions as an institution, concerning the issue raised by the Serb List. As the Constitutional Court has emphasized on several occasions, the mandate of the President of Kosovo is inviolable in order to ensure respect for the principle of separation of powers and to preserve security within the legal and constitutional order, while it is the responsibility of the Presidency to maintain the stability of the country,” Osmani said at a press conference.

She explained that the comments submitted documented that the effective functioning of Kosovo’s institutions is necessary for maintaining constitutional order, and that blocking them because of the non-election of a vice president would undermine the very foundations upon which the state was built.

She relayed that she asked the Constitutional Court not to allow anyone the right of veto over Kosovo’s vital processes.

“A veto over the Republic was never the intent of the authors and drafters of the Constitution. Granting such a veto to a party representing a single community would reduce the Republic to mere paper instead of being active in protecting citizens’ interests. It is in the hands of this Court to protect the state,” Osmani said.

She stressed that the submitted comments argue that as long as the Assembly has elected its Speaker and the Presidency has a quorum, the functioning of that institution cannot be blocked.

“The protection of sovereignty by all means established by the Constitution applies to the Assembly itself as the bearer of authority. Blocking the Assembly over the non-election of a single vice president, while the Presidency has a quorum, would seriously endanger institutional functionality, as well as the values upon which Kosovo was founded. The Republic of Kosovo has the most advanced system on the European continent for the protection of community rights, but those rights cannot be abused in a way that undermines their very purpose,” she explained.

Osmani said the comments were based on Article 57 of the Constitution of Kosovo.

“The essence of the comments we submitted today is based on Article 57 of the Constitution of Kosovo, which stipulates two preconditions for the exercise of community rights. The first precondition is the obligation to act in accordance with the laws of Kosovo, which the Serb List has not done. The second is the obligation not to violate the rights of others while exercising community rights effectively. Accordingly, the goal of blocking the state entirely over one vice president would mean that a state without institutions is a failed state,” Osmani said.

She emphasized that the vice president’s position in the Assembly, which by the Constitution belongs to the Serb community, remains reserved for that community and cannot be filled by anyone else.

She pointed out that the position could be filled at some future session, without disrupting the constitution of the Assembly.

According to her, it is not the first time that the Serb List has boycotted Kosovo’s institutions, and she underlined that “the state must move forward.”

“In the past, there were cases when some vice presidents were not elected at the constitutive session, yet the Assembly continued its work. For us, the seat that the Constitution reserves for the Serb community remains for the Serb community. No one else can take that seat; it will remain vacant and simply be filled at a subsequent session, without blocking the constitution of the Assembly. This principle can only be applied when we have functioning institutions, because even minority rights cannot be protected when we have neither an Assembly nor a government,” Osmani stressed.

She noted that one cannot rule out the possibility of attempts to rely on constitutionally guaranteed rights in order to create opportunities that actually violate the Constitution, but these scenarios must be prevented.

“Kosovo must not be taken hostage and no one should have a right of veto, because that would undermine the democratic foundations of the state. It is not the first time that the Serb List has boycotted or abandoned the Assembly or security institutions, but this has never blocked the functioning of institutions. The state must move forward,” she added.

Osmani stated that she had not submitted comments regarding the change in the method of electing vice presidents during the constitutive session.

“We did not submit comments on that issue because we consider it secondary, even tertiary. We focused on the main question, which is that we must not allow the foundations of the Republic to be violated. Package voting is not mandated by the Constitution, while the interpretation of regulations can be provided by the Assembly. The primary issue facing the Constitutional Court today is whether it will protect the Republic from the veto of a party representing a community that neither recognizes nor respects the laws of this Republic. We must not allow the foundations of Kosovo to be undermined,” Osmani said.

After September 30, I Will Act on the Appointment of a New Prime Minister-Designate

Asked why she had not invited the party with the largest number of mandates in parliament to nominate a candidate for prime minister since the Assembly’s constitution, Osmani replied that the interim measure imposed by the Constitutional Court prohibited such action.

She explained that after September 30, when the interim measure expires, she will, if possible, invite the winning party to proceed with nominating a candidate.

“The committees I formed today concern the essence. The interim measure does not prejudge what the Court’s final decision will be on the merits of the case, but the measure itself binds all of us: the Assembly not to convene sessions, me as President not to invite the leading party to propose a nominee, because we are prohibited from taking any action to nominate a prime minister-designate or form a government. All these steps are considered part of the government formation process, and that is halted until September 30. Immediately after September 30, I hope to have the opportunity—on that very day, when the measure expires—to invite the leading party and immediately proceed with nominating a candidate and addressing the other matters currently outside this institution,” Osmani said.

The Constitutional Court had earlier issued an interim measure prohibiting any actions by Assembly deputies or procedures for forming a new government. The decision, which followed a complaint by the Serb List, was announced last week and is valid until September 30.

Asked about criticisms made by Albin Kurti and Glauk Konjufca toward the Constitutional Court, Osmani said she had not seen those statements, but added that the Constitution does not forbid commenting on judicial decisions.

“Regarding the statement from the German Embassy, which clearly says that judicial institutions must function independently—As President, that is precisely what I demand. I demand independence in decision-making, integrity, constitutional interpretation in the interest of the Republic, and protection from threats. Although I demand such things, I do not consider that I am undermining the Court’s work,” she explained.

Osmani once again mentioned Constitutional Court Judge Radomir Laban, noting that for several years she had been sending evidence about him to the Constitutional Court, and that all law enforcement authorities are fully aware of everything they need to know.

Osmani claimed there was general concern that this judge remains part of the institutions.

After the press conference, the Presidency posted on Facebook the comments submitted to the Constitutional Court.