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OSCE Broadcast 25 July

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• Civil society insists: Haradinaj’s resignation is irrevocable (KTV)
• Legal Office: Government is resigning, not overthrown (KTV)
• Vucic and Hahn discuss Kosovo-Serbia dialogue (Most monitored broadcasters, RTK)
• Eighty-one votes needed to dissolve Assembly, Limaj says (RTK)
• Hoxhaj: Those who speak about red lines, end up in PDK(All monitored broadcasters, Klan Kosova)
• Galushi: Roma were double discriminated in Kosovo war (KTV)

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  • Civil society insists: Haradinaj’s resignation is irrevocable (KTV)
  • Legal Office: Government is resigning, not overthrown (KTV)
  • Vucic and Hahn discuss Kosovo-Serbia dialogue (Most monitored broadcasters, RTK)
  • Eighty-one votes needed to dissolve Assembly, Limaj says (RTK)
  • Hoxhaj: Those who speak about red lines, end up in PDK(All monitored broadcasters, Klan Kosova)
  • Galushi: Roma were double discriminated in Kosovo war (KTV)

 

News

Civil society insists: Haradinaj’s resignation is irrevocable

(KTV)

Although their boss has irrevocably resigned the Prime Minister’s post, ministers in Ramush Haradinaj’s Government have continued carrying out their usual tasks.

Moreover, the resigning Prime Minister has scheduled the Government meeting on Friday.

This situation has provoked a great deal of reactions.

Bekim Salihu of GAP Institute says that upon the announcement of his resignation, Ramush Haradinaj should have gone home.

According to him, until the new Prime Minister is assigned or until elections are called, their work should be carried out by other officials.

However, Besnik Tahiri of the Kosovo Government disagrees.

This situation is a consequence of a missing Law on Government, as Government and Assembly have never managed to adopt such a law since the independence declaration.

Legal Office: Government is resigning, not overthrown

(KTV)

This Friday, Ramush Haradinaj again will sit on the chair of Prime Minister, exactly one week after he gave irrevocable resignation from this position.

Haradinaj has scheduled a meeting for Friday, with at least 12 items on the agenda.

They include appointment of the Civil Authority Board members, transferring a property from KEK to the Municipality of Obiliq/Obilic, and decision on land expropriation for the new border crossing between Kosovo and North Macedonia.

Government spokesperson Donjeta Gashi told KTV that the meeting will be held, despite the legal questions addressed.

KTV has also seen the three-page long opinion of the Legal Office in the framework of the Office of Prime Minister, in preparation of the meeting.

Initially, the opinion concludes that this is the first time that such a resignation has happened since 2008, when the Constitution entered into force.

Legal Office refers to the Constitutional Framework, which specified that despite resignation, Prime Minister exercises the role of a provisional Prime Minister, until the new Prime Minister is elected.

In order to clarify the situation, comparisons have been made with the constitutions of Albania, North Macedonia, Serbia, and Croatia.

The opinion of the Legal Office is that the situation defined with Article 95, paragraph 5 of the Constitution, when Prime Minister resigns and it is considered that Government falls, is analogical with the situation when Government is considered as resigning, to the effect of Article 100, paragraph 6 of the Kosovo Constitution. Such an interpretative approach has also been applied in the Commentary of the Constitution of the Republic of Kosovo, written by professors Dr. Enver Hasani /Prof. Ivan Cukalovic, in regard to Article 95, paragraph 5, which says that ‘To the effect of Article 95.5 Government shall be led by Prime Minister, and dismissal, resignation, or if Prime Minister’s seat remains vacant, makes the Government to be considered as discharged’. The discharge implies successful passing of the motion of no-confidence against the Government by the Assembly, to the effect of Article 100 of the Constitution.

So, the word ‘falls’ used in Article 95, paragraph 5. *(the word ‘falls’ is available only in the Albanian version of the Constitution, whereas this word is missing in the Serbian version in this provision of the Constitution), does not imply the situation of inexistence of Government, but existence of a resigning, namely acting government, which also implies the institutional obligation of the resigning/acting government to carry out some of the governmental tasks that aim only to cover the institutional vacuum until the new government is elected.

Legal Office of the Prime Minister believes that assumption of inexistence of the Government is in logical contradiction with Article 4 of the Constitution, which speaks about existence of institutions of the constitutional order.

Legal Office states that the Government should be based on its powers provided by the Constitution and legislation, and that the Constitutional Court is the ultimate authority for interpretation of the Constitution.

Finally, Legal Office asks for the Prime Minister to bear in mind that legal opinions have no legally binding effect, because the Constitution can be interpreted by the Constitutional Court only.

Vucic and Hahn discuss Kosovo-Serbia dialogue

(Most monitored broadcasters, RTK)

Serbian President Aleksandar Vucic met with the EU Enlargement Commissioner Johannes Hahn on Thursday evening in Belgrade. They discussed stagnation in the dialogue with Prishtinë/Pristina, and the situation following resignation of the Kosovo Prime Minister Ramush Haradinaj.

Vucic thanked Hahn for his commitment to unblocking the dialogue between Belgrade and Prishtinë/Pristina, and reiterated that Serbia remains committed to the peace and cooperation policy, in order to keep stability in the region.

On the other hand, Commissioner Hahn expressed his willingness to assist in fulfilling conditions for resumption of the dialogue.

Eighty-one votes needed to dissolve Assembly, Limaj says

(RTK)

Chairman of Nisma, Fatmir Limaj, spoke about the current situation in Kosovo, after resignation of Prime Minister Haradinaj.

Limaj stated to T7 television station that unless a consensus amongst political forces is reached, the Assembly cannot be dissolved, and elections cannot be held.

He said that the Kosovo President Hashim Thaçi has not the right to dissolve the Assembly.

“The Assembly cannot be dissolved without 80 votes, therefore, it is necessary that parties reach a consensus on the election date,” he underlined.

Hoxhaj: Those who speak about red lines, end up in PDK

(All monitored broadcasters, Klan Kosova)

Enver Hoxhaj of PDK said that the sort of allegedly anti-PDK politicians, who speak about red lines, are the first ones who end up in PDK and in power, as if nothing has happened.

According to him, over the last 20 years, there has been a group of political parties and politicians who tried to build their political profile by presenting themselves as allegedly anti-PDK, never offering anything to the Kosovo citizens.

“Whenever possible elections are discussed, they rush to give statements about PDK, but never mentioning citizens and their political platform for them. This is the 20-year-old deception,” Hoxhaj posted on Facebook.

“And ironically, this sort of allegedly anti PDK politicians who speak about red lines, are the first ones who end up in PDK and in power, as if nothing has happened,” he added.

Galushi: Roma were double discriminated in Kosovo war

(KTV)

The Roma community was twice discriminated against in the wartime in Kosovo, according to Edis Galushi, a playwright.

He stated to KTV Rubicon show that it was their fragility that made Roma community members to easily surrender orders from Serbian forces.

“Let me take as an example the neighbourhood where I lived. At the time when Albanians were deported, we remained in the neighbourhood. At some point, Serbian forces came – I do not know if they were forces or what because I was a child – and they took all adult men with them. We did not know their whereabouts for two or three months. They took them and brought them back. Fortunately, they were not subject to torture, but they only did manual labour. They dug wholes or anything else, but they were forced to… that was without any personal will, because that is how it is when you are too fragile in society. So, that force left and Albanians returned. At every moment we were waiting in fear for somebody in uniform to show up. I reiterate, I am not accusing or pointing at anybody, but they were wearing uniforms,” he said.

In his view, the second discrimination happened after the war, through the manipulation that Roma collaborated with Serbs. “This compelled many Roma to leave Kosovo,” he highlighted.

“For example, in Prishtinë/Pristina, Ferizaj/Urosevac, Gjilan/Gnjilane there were more Roma than there are presently. But there was a lot of manipulation. Whether you like it or not, you must do what you are told to. All what we would do is lose our families. One gives up, in order to keep the family close and not to sacrifice them. You are powerless,” Galushi concluded.

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