Publicist Veton Surroi has given his interpretation of the decree announced on March 6th to dissolve the Kosovo Assembly, questioning its constitutional basis.
According to Surroi, the president of Kosovo has clearly defined powers to dissolve the Assembly and none of the conditions to exercise this power were met on March 6.
"The President of Kosovo has constitutional authorizations, expressly defined, to dissolve the Assembly of the Republic of Kosovo in three cases: if the Government is not formed within 60 days of the nomination of the candidate for Prime Minister, if two-thirds of the deputies vote for the dissolution of the Assembly, and if the President is not elected within 60 days of the start of the procedure for his/her election. To these three is added the successful vote of no confidence in the Government. None of these conditions were met on March 6, when the decree for the dissolution of the Assembly was announced," Surroi wrote.
He emphasizes that the president does not have the authority to create new powers outside of those defined by the Constitution and that declarations of "institutional blockage" cannot replace constitutional procedures.
"The President of Kosovo does not have discretionary power to interpret his/her powers beyond what is defined by the Constitution and to intervene in the processes of other powers. Declarations about the existence of an institutional blockage, about actions of "irresponsible people with dangerous intentions", or about an alleged obligation to act in defense of the constitutional order, do not create new constitutional powers and cannot replace the conditions set out in the Constitution for the exercise of a certain power", Surroi stated.
The publicist underlines that even in the case of a state of emergency, the president's actions remain limited and cannot bypass the control of the Assembly.
He assesses that the dissolution of the Assembly without fulfilling the relevant conditions constitutes interference in the functioning of the legislative power and a violation of the institutional balance.
“Even in the case of a state of emergency, the President does not act alone: the decree agreed with the Prime Minister is annulled if it is not approved by the Assembly within 48 hours. Kosovo is not in a state of emergency and even if it were, the President’s actions remain limited by the constitutional control of the Assembly.
"The power to dissolve the Assembly is one of the most powerful powers in the constitutional system, because it interrupts the mandate of popular representation, changes the institutional order and leads to new parliamentary elections. The exercise of this power without fulfilling the relevant constitutional conditions constitutes a direct violation of the constitutional order," he stressed.
Surroi suggests that pending a final constitutional assessment, the implementation of the decree could be temporarily suspended by the Constitutional Court and the Assembly should continue exercising its functions under the Constitution.
"The decree promulgated on March 6 constitutes an interference in the functioning of the legislative power and in the institutional balance established by the Constitution. Consequently, there is a reasonable expectation that the decree will be determined as an act in violation of the Constitution."
There should also be a reasonable expectation that the implementation of the decree will be suspended by a temporary measure by the Constitutional Court of the Republic of Kosovo until a final constitutional assessment. The Assembly of Kosovo must continue to exercise its constitutional functions and fulfill its obligations under the Constitution”, Surroi wrote. /Telegrafi/
