Rakic Andric: Court’s decision expected, vote for minority Vice Presidents should be repeated “as a package”

Milica Andric Rakic, Program Manager at the NGO New Social Initiative, stated that the Constitutional Court’s decision to uphold the Serb List’s appeal and impose a temporary measure regarding the constitution of the Kosovo Assembly was expected. She also anticipates that the election of vice presidents from minority communities will have to be repeated, and this time “as a package,” adding that it would be useful for the Court to clarify how many times parliament may vote on a “single package” of two minority MPs nominated for vice president.

“Given that the Serb List appealed one of the key mechanisms for the protection of the rights of non-majority communities, the decision of the Constitutional Court was expected. This is an important issue, a constitutionally guaranteed right, and the Court had to, as it explained itself, protect the non-majority communities from potentially unlawful or unconstitutional decisions of the Assembly, which was so far elected in a questionable manner,” Andric Rakic told Kosovo Online.

If the Constitutional Court rules in favor of the Serb List—interpreting that the election of Emilija Rexhepi “separately” from the Serb List’s vice president was unconstitutional—then, she believes, at the very least, Rexhepi’s election will have to be repeated “as a package” together with the Serbian community’s vice president.

“I hope there will also be clarification on how many times parliament may vote on a ‘single package’ of two MPs nominated for vice presidents, in order to avoid repeated potential disputes and new delays,” Andric Rakic said.

She recalled that Self-Determination also gave its own interpretation, claiming that although the previous Constitutional Court decision specifically applied to the election of the speaker, Dimal Basha insisted the same rule—three voting attempts per proposal—also applies to vice presidents.

“The Court may well decide that way, but it would be good to clearly establish this as a rule so that everyone knows where they stand,” Andric Rakic added.

She expects that voting for vice presidents of parliament from minority communities will have to be repeated in accordance with rules laid down by the Constitutional Court, and stressed that it is impossible to hold new elections without a fully constituted Assembly.

“So, a vote will have to take place. Whether everything will start from the beginning, or whether the election of the speaker will be considered illegal—I doubt that. But at a minimum, a vote for the package of vice presidents is to be expected. The Assembly must be constituted in order for elections to be called and for a consensual agreement on its dissolution,” Andric Rakic concluded.

The Constitutional Court of Kosovo upheld the appeal of the Serb List, which argued that the rights of the Serbian people had been gravely violated during parliamentary sessions concerning the election of vice presidents, and imposed temporary measures regarding the constitution of the Assembly.

The temporary measure will remain in force until 30 September, during which time deputies are prohibited from taking any action or steps toward forming the Government of Kosovo.