Constitution of the Kosovo Assembly, over 50 organizations call on parties to resolve the impasse

Dozens of civil society organizations have called on parliamentary parties, especially the winning party in the elections, to form the new Assembly of Kosovo, saying that the Assembly cannot remain hostage and that the blockade is violating the democratic order.

Kosovo is still without new institutions four months after holding parliamentary elections, as MPs have failed to constitute the Assembly in 39 consecutive attempts.

The latest setback came on Sunday, despite the Constitutional Court giving them a one-month deadline on Thursday and despite Albin Kurti, the leader of the winning party, the Vetevendosje Movement, meeting with the leaders of other parliamentary parties on Saturday.

In a joint statement, 52 civil society organizations called on "all political parties, and in particular the winning party, to fulfill their constitutional obligations and enable the unblocking of the process. The Assembly must return to function – to adopt laws, to oversee the government, and to represent the citizen interest."

The process has stalled at the appointment of the speaker and deputy speakers of the Assembly, with Vetëvendosje demanding a secret ballot after its candidate Albulena Haxhiu did not receive the necessary 61 votes in an open ballot, with other parties opposing such a method of voting.

Civil society organizations criticized Vetëvendosje's approach, saying that the court emphasized that the winning party of the elections has the right to propose a candidate for Speaker of the Assembly, but this right "is not absolute, it is closely linked to the obligation to build a majority through cooperation with other parliamentary groups."

They criticized the chairman of the constitutive session, Avni Dehari, who comes from Vetëvendosje, for deviating from the "agreed order, postponing procedures, proposing a secret ballot commission without legal basis, and allowing its composition without adequate representation of other parliamentary parties."

"This constitutes an unacceptable interference in the procedure for constituting the Assembly, and the principle of fair parliamentary representation has been violated, transforming this process into a one-party and non-consensual action," they said.

Their statement further states that in the continuation of the constitutive session on Sunday, "the judgment" of the Constitutional Court was clearly violated.

"Through the instrumentalization of the chairman, the Vetëvendosje Movement is not only refusing cooperation, but is deliberately dragging out the process to impose a unilateral solution - a directly unconstitutional action," the reaction states.

The former President of the Constitutional Court of Kosovo, Enver Hasani, said in an interview with Radio Free Europe a few days ago that secret voting is unconstitutional according to the Constitutional Court's ruling, which, according to him, clearly states that the procedure for constituting the Assembly is determined by the Constitution, the Rules of Procedure of the Assembly and parliamentary practices.

"…which means that what was done by Mr. [the chairman of the constitutive session, Avni] Dehari is completely unconstitutional. It means that there can be no deviation from the agreement reached on April 8 [the meeting of political parties to prepare the constitutive session]," said Hasani.

The leader and deputies of Vetëvendosje have insisted that in her ruling, the Constitutional Court did not say that secret voting is unconstitutional.

Kurti, the acting prime minister of Kosovo, has blamed the parties that were in opposition last term for misinterpreting the verdict, saying that in his meeting with them on Saturday, he also offered compromises.

But, the Democratic Party of Kosovo (PDK), the Democratic League of Kosovo (LDK) and the Alliance for the Future of Kosovo (AAK) asked Kurti not to continue the sessions with the same scenario, i.e. with secret voting.

LVV's candidate for Speaker of Parliament, Albulena Haxhiu, following the Constitutional Court's decision, stated that she would withdraw from the candidacy if she does not secure the necessary 61 votes in the secret ballot.

Meanwhile, on Monday, Kosovo's president, Vjosa Osmani, said she will invite political party leaders to meetings in the coming days to discuss the constitution of the Kosovo Assembly.

Only after the constitution of the Assembly can the new Government be formed.

This crisis comes after no party won the majority to govern alone and there is a lack of political agreement between them to create a joint majority.

Vetëvendosje came first, winning 48 seats, 13 short of the minimum 61 needed to form a new government on its own. PDK came second with 24 seats, LDK third with 20, AAK-Nisma 8 and Lista Srpska 9./ REL