Former Chief Justice of the Constitutional Court, Enver Hasani, has criticized the Speaker of the Kosovo Assembly, Dimal Basha, for his public interpretations of the Constitution, describing them as expressions of partisan will rather than independent institutional opinions.<\/p>\n\n\n\n
Following a ruling by the highest judicial body, which declared the election of Nenad Rashiq as Deputy Speaker of the Assembly in the previous legislature unconstitutional, Basha, in his capacity as Assembly Speaker, opposed the Constitutional Court\u2019s decision, claiming it contradicts the Constitution and contains fundamental errors in interpreting and applying the relevant norms.<\/p>\n\n\n\n
The international law professor, in a written interview with KosovaPress, stated that this reaction signals that the Vet\u00ebvendosje Movement (LVV) will continue, in his view, practices that undermine the constitutional order, including intimidation and threats toward judges and anyone who disagrees with excluding the Serbian minority from the constitutional system.<\/p>\n\n\n\n
He further noted that this LVV logic, \u201cthrough unconstitutional policies, usurpation of public offices, threats, and insults toward citizens, only accelerates the implementation of Serbian autonomy in Kosovo.\u201d<\/p>\n\n\n\n
The full interview:<\/p>\n\n\n\n
KosovaPress:<\/strong> How do you assess the fact that Assembly leaders have publicly interpreted the Constitution even after the ruling?<\/p>\n\n\n\n Enver Hasani:<\/strong> As is known, in Kosovo, MPs and their statements on issues of systemic political character are not their free opinions or assessments, but those of the party leader. This has always been understood across other parties, and in this case, it is even more pronounced. The way Mr. Basha speaks, still calling himself Speaker of the Kosovo Assembly, indicates that the ruling party will continue practices that undermine the constitutional order, intimidate and threaten judges, and target anyone who believes the Serbian minority should not be excluded from the constitutional system. This exercise of power, through unconstitutional policies, usurpation of public offices, threats, and insults toward citizens, only accelerates the implementation of Serbian autonomy in Kosovo. If such policies continue, it is certain that the role and position of the international factor in Kosovo will increase, with proposals affecting the foundations of Kosovo\u2019s statehood, declared on February 17, 2008. Let me conclude by saying that today\u2019s decision would have been the same even if the Constitutional Court judges were kin of Dimal Basha or any of the most militant members of the winning party. Otherwise, the mission of the Constitutional Court and its moral and professional authority would have been undermined. One day, we will be members of the Council of Europe and, consequently, of the European Court of Human Rights, where the decisions of the Constitutional Court, as the final instance of justice in Kosovo, will be evaluated. Then the dramatic scale of discrimination against Kosovo citizens in the event of arbitrary and discriminatory decisions by this Court and other public institutions will be seen.<\/p>\n\n\n\n KosovaPress:<\/strong> How do you view the Constitutional Court\u2019s ruling that the election of Nenad Rashiq as Deputy Speaker from the Serbian community was unconstitutional?<\/p>\n\n\n\n Enver Hasani:<\/strong> Even shepherds would have known that electing a Deputy Speaker from the Serbian community on the proposal of a Albanian MP was unconstitutional. It would be surprising if the decision had been otherwise. If the Constitutional Court\u2019s decisions were based on the emotional interpretations of laypeople or some \u201cdigital constitutionalist\u201d who threatens and insults court members, the moral and professional credibility of this Court could have been destroyed in just two or three rulings. Even if the judges had been LVV militants, the interpretation of the Constitution would have been the same. Otherwise, the Court would have had to close itself, and militant judges would return to political life.<\/p>\n\n\n\n KosovaPress:<\/strong> The Court said the election was unconstitutional but without retroactive effect. Is this a legal compromise or a standard constitutional practice?<\/p>\n\n\n\n Enver Hasani:<\/strong> Not a political compromise at all. The Constitutional Court does not deal in compromises. This is a standard judgment, where the Court manages the legal consequences of its decisions. This right is recognized under the Law on the Constitutional Court and its internal rules. Moreover, this jurisdiction is widely recognized across European constitutional courts. In Italy, Germany, Spain, the Czech Republic, and all other European constitutional courts, rulings declare an action or inaction unconstitutional, and the legal consequences are determined for the future or the past. In Kosovo, this standard was applied for the first time in the Behxhet Pacolli case, where constitutional violations were noted but his acts and decisions as President were not annulled. This is entirely normal European practice.<\/p>\n\n\n\n KosovaPress:<\/strong> What precedent does this ruling set for future parliamentary blockages and the next legislature?<\/p>\n\n\n\n Enver Hasani:<\/strong> This ruling sets no precedent. The Court stated that the actions of LVV and the entire political spectrum until the constitution of the legislature from the February 2025 elections were constitutional and that the same practice must continue if Kosovo, declared on February 17, 2008, is to exist as an equal member of the Euro-Atlantic family of states. For this reason, the Constitutional Court reminded the winning party that majority democracy cannot become tyranny against anyone, especially minority communities. There was no such tyranny in 2021 either, when LVV elected a Deputy Speaker from the Serbian minority. The 2021 practice should continue because, as the Court noted, paragraph 7 of Article 58 [State Responsibilities] obliges that \u201cThe Republic of Kosovo shall ensure, on a non-discriminatory basis, that all communities and their members may exercise the rights specified in this Constitution.\u201d Rashiq does not represent the Serbian community; they are represented by those with more Assembly seats. Let me remind Kosovo citizens that the Rules of Procedure of the Kosovo Assembly, adopted in 2022 by LVV, are fully constitutional and must be implemented. The Constitutional Court previously clarified that its jurisdiction also includes reviewing the Assembly Rules because it is the only subordinate act defined and framed by the Constitution of Kosovo.<\/p>\n\n\n\n KosovaPress:<\/strong> Could there be a blockage if the 10th legislature is constituted and the Serbian List nominee for Deputy Speaker is not voted in again?<\/p>\n\n\n\n Enver Hasani:<\/strong> I can only speculate. What I can say is that the State of Kosovo strengthens and integrates into the Euro-Atlantic family only by fully implementing the Constitution and the international obligations under the Ahtisaari Plan, protecting and guaranteeing the constitutional rights of all communities in Kosovo. Ultimately, this is a civilizing duty: the level of protection and guarantee of constitutional rights for all communities reflects the civilizational level of Kosovo and its leaders.<\/p>\n\n\n\n KosovaPress:<\/strong> Do you see a trend of political institutions challenging the final authority of the Constitutional Court?<\/p>\n\n\n\n Enver Hasani:<\/strong> Without a doubt, such a trend exists.<\/p>\n\n\n\n KosovaPress:<\/strong> Do you think the ruling will strengthen or weaken the Serbian List\u2019s position relative to Kosovo institutions?<\/p>\n\n\n\n Enver Hasani:<\/strong> This is not about strengthening the Serbian List, which, after all, exercised a constitutional right and won a constitutional case based on Kosovo\u2019s Constitution, not Serbia\u2019s. This is a major success for Kosovo because local Serbs and their representatives understood that there is still room within the constitutional system to realize their rights guaranteed by the Constitution and international conventions. Any deprivation of these rights would only legitimize their demands for political-territorial autonomy.<\/p>\n","protected":false},"excerpt":{"rendered":" Former Chief Justice of the Constitutional Court, Enver Hasani, has criticized the Speaker of the Kosovo Assembly, Dimal Basha, for his public interpretations of the Constitution, describing them as expressions of partisan will rather than independent institutional opinions. 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