Civil society and experts on the justice system consider the language used against the Constitutional Court unacceptable. According to them, the leader of the Vetëvendosje Movement (LVV) and acting Prime Minister, Albin Kurti, as well as other party representatives, should exercise restraint in public statements to avoid putting pressure on the Constitutional Court. However, LVV maintains that their criticism of the Court is not interference, but rather the “expression of positions” in what they describe as the interest of the state of Kosovo, reports KosovaPress.
Kurti and LVV Vice-Chair Glauk Konjufca criticized the Constitutional Court two days ago during a meeting of the party’s General Council, just days after the Court issued a temporary measure until September 30 regarding the formation of the Assembly, following the failure to elect a deputy speaker from the Serbian community.
In response, the Constitutional Court on Monday stated that it “is concerned about the inappropriate statements of senior state officials and elected politicians.” The Court emphasized that its independence and impartiality are protected by the Constitution, and no “institution, political party, or individual can interfere with its work.”
On Tuesday, the German Embassy in Pristina also called on political actors and institutions in Kosovo to respect the Constitutional Court and refrain from any interference, including personal attacks.
According to Vullnet Bugaçku, a researcher at the Democratic Institute of Kosovo (KDI), international reactions are a call for party and government representatives to stop using denigrating language against the Constitutional Court and its judges.
“Any public statements or attacks against the judges of the Constitutional Court, or the Court as a whole, constitute an attack on the Court’s constitutional independence, which is protected by the Constitution of Kosovo. Therefore, politicians and senior state officials must exercise caution and restraint in public statements to avoid exerting pressure on the Court. International reactions calling on officials to moderate their language, and refrain from denigrating or insulting judges, are understandable,” he emphasized.
Lawyer Ardian Bajraktari also stated that “LVV’s attacks on the Constitutional Court are unacceptable and undermine public trust in this institution.”
“Attacks and labeling against the justice system in general, and the Constitutional Court in particular, have been a recurring feature of legislative power over the past four to five years. What we are seeing now continues this trend. Such attacks are clearly unacceptable, unjustifiable, and seriously undermine public confidence in justice, especially in the Constitutional Court. Therefore, they should stop immediately,” Bajraktari stressed.
However, former LVV MP Adnan Rrustemi told KosovaPress that statements by acting Prime Minister and LVV leader Albin Kurti regarding the Constitutional Court do not constitute interference, but rather the articulation of a position, which he says is “always in defense of the state of Kosovo.”
“This is not about criticism or interference, but about articulating a clear political position in the interest of the state of Kosovo. There is no higher interest than ensuring that the formation of the Assembly and the government is not dependent on the blocking vote of the Serbian List,” Rrustemi said.
Regarding criticisms of the Constitutional Court and international reactions, President Vjosa Osmani also spoke on Tuesday.
She stated that the Constitutional Court and its judges are not a “sacred entity” beyond discussion.
“The Constitution does not prevent, nor do global practices, allow us to refrain from commenting on court decisions. Criticism is allowed and is not prohibited – I speak of professional criticism… The Republic of Kosovo guarantees freedom of expression, which includes the right to disagree with Constitutional Court rulings while still implementing them. We all follow them, regardless of whether we agree or find them absurd… We should not pretend that the Constitutional Court and its judges are sacred. They are a public institution, and we can discuss their work,” Osmani said.
These reactions come after the Constitutional Court issued a temporary measure until September 30 regarding the formation of the Assembly, following the Serbian List’s complaint about the failure to elect a deputy speaker from the Serbian community.
