Decision of the Kosovo Prime Minister, Hashim Thaci, to transform the Kosovo Security Force (KSF) into Kosovo Armed Forces (KAF) is entirely anti-constitutional.
The change of the name and the mission of the Kosovo Security Force cannot be done in any other way except by changing the highest legal act – the Constitution, which the prime minister and the Government have no mandate for. The prime minister can only propose and not announce such a decision without the approval of the Kosovo Assembly, as the highest legislative institution in the country.
According to the Constitution of Kosovo, KSF is a constitutional category and it requires the contribution from the Kosovo Assembly MPs while the only thing the prime minister can do is to propose the change of the name and the mission of the KSF but not take the decision himself.
More specifically, the only institution that can make constitutional changes is the Assembly of Kosovo and it would need double two-thirds of votes, namely that expect for the two-third of Albanian MPs, the motion would also require two-thirds of votes from minority communities MPs.
Sources close to the prime minister said that he undertook this initiative to use is as a “card” during this year’s election campaign while, in order to pull it through, he has made a compromise to minority parties to support transformation of KSF into KAF.
“The Prime Minister has reached a compromise with minorities and has promised that that they will receive another mandate for reserved seats in the Assembly if they support constitutional changes regarding the KSF.”
On the day the prime minister announced decision for KSF transformation, he also said that the material with changes to the name and the mission of the KSF will soon be submitted to the Assembly for approval.
