Krasniqi: Instead of interpretation, the Constitutional Court causes confusion (kohaonline)
It is not the first time that instead of interpreting the Constitution, the Constitutional Court brings more confusion and rewrites what is not said in the Constitution of Kosovo, wrote Kosovo’s Assembly Speaker, Jakup Krasniqi.
He says that the confusion is caused by majority of the Constitutional Court members, while only one of them, Robert Karollain, gave the right interpretation of respective articles.
According to Krasniqi, the Court has often exceeded its competencies and it has become the supreme power of three governments of the Kosovo. He mentions the opinions of this Court on the matter of deputies’ immunity as well on some verdicts of the Supreme Court, saying that its interpretation represented a flagrant interference. “No government, under any legislature after the liberation war was created in Kosovo without a governing coalition. Furthermore, the practice of parliamentary democracies recognizes many cases when the party with majority of votes was not part of election coalitions. Therefore, Kosovo’s case is not a special one. Such practices are certainly known to our Constitutional Court. Questions such as “Where was the Constitution violated in this case? What are the violations and from whom are they committed? What action, of what body or institution has committed the violation? Who should address the Constitutional Court? Should the President address the CC at this phase of political developments?” should be raised. The President had the possibility to make an internal question and the response could have been such as well. Actions should have definitely been different from those undertaken by the super-institution of Kosovo,” concludes Krasniqi.