Spahiu: The Constitutional Court further entangled the political crisis in Kosovo

University professor Nexhmedin Spahiu stated that the latest decision of the Constitutional Court, which came into legal effect on Monday, has further complicated the political crisis in Kosovo. He said that the best solution would be to annul the “illogical decision” made by this court in 2014, which established that only the party with the most mandates has the right to the position of Speaker of Parliament.

"The decision of the Constitutional Court of Kosovo has further tangled the political crisis because it offers no way out of this situation. The reason lies in the 2014 constitutional ruling, when an absurd and illogical decision was made that the position of the Speaker of Parliament belongs to the largest party (the party with the most seats) and that there must be a vote on it. If it belongs to the largest party, why would there be a vote? But if a vote is required, then the rule is that the Speaker is whoever receives the most votes, regardless of which party they are from," Spahiu told Kosovo Online.

He emphasizes that instead of annulling the decision made 11 years ago, the Constitutional Court is getting lost in an even “deeper labyrinth.”

"Instead of overturning that decision from 11 years ago, the Constitutional Court is sinking deeper and deeper into this labyrinth that offers no way out. Imagine that it is now stipulated that voting for the same candidate can take place only three times. But what if none of the candidates proposed by Kurti, which is very possible, receives a majority of votes? Then what? And all of this within 30 days. The Constitutional Court has provided no solution for such a situation," Spahiu explained.

He adds that the greatest absurdity is that it remains unclear what happens if, within 30 days and after three attempts, a new Speaker of the Kosovo Parliament is not elected.

"They did not clarify this. It is a completely unprofessional and unpatriotic solution. It is an additional complication of a situation that was already created by that idiotic 2014 decision. Even if new elections are held, unless that 2014 decision is annulled, what if Kurti again wins the most votes, but not more than half? The same situation will repeat, and we will lose yet another year in illogical and unbeneficial procedures for Kosovo and its citizens," Spahiu stressed.

To illustrate the absurdity of what he called “idiocy,” Spahiu gave the example of a football match in which the government and opposition are the teams, and the Constitution represents the rules enforced by the “referee on the field,” i.e., the Constitutional Court.

"Imagine a foolish referee interpreting the rules so that the winning team is the one that concedes more goals, not the one that scores more, while own goals don’t count. We would end up with two teams refusing to play, because as soon as one team scored a goal, it would lose the match. The audience, government supporters, would ask the opposition why they aren’t playing, and they would reply: you play. So, it’s not the players’ fault for not playing, but the referee’s fault, in this case, the Constitutional Court, which gave a foolish interpretation of Kosovo’s Constitution," Spahiu underlined.