Due to statements made by Kosovo President, Hashim Thaçi on “altering the border” between Kosovo and Serbia, the Constitutional Court of Kosovo should step in and give its opinion – the Democratic League of Kosovo (DLK), which is considered the largest opposition party, says.
The party called Thaçi’s statements as “misleading”. Experts for constitutional law argue that representatives of Kosovo institutions must take into account what kind of statements they make, because the Constitution states that the sovereignty and integrity of the state is “indisputable, inalienable, inseparable and protected by all measures”.
Thaci said that the proposal to alter the border with Serbia was the only option for legitimizing the political demands of the Albanian leaders of the Presevo Valley.
“This does not entail a partition of Kosovo, territory exchange or autonomy for the Serbs,” Thaçi told a press conference on Wednesday.
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As he explained, altering the state border entails the complete merger of the Presevo, Medvedja and Bujanovac to the Republic of Kosovo.
“This would be a transparent and accountable peace process between Kosovo and Serbia. If both sides agree, no one will be able to oppose it,” he added.
Thaçi went on to say that, if necessary, Kosovo would amend its Constitution to allow for the Presevo Valley to be united with Kosovo.
“If the Assembly of Kosovo is not ready to do that, then a referendum is another constitutional option,” he added.
On the other hand, the Democratic League of Kosovo has announced that it would petition the Constitutional Court to give its opinion regarding the “unreasonable statements” of the President of Kosovo on the alteration of the border between Kosovo and Serbia. Such statements, according to the party, are contrary to the Constitution of Kosovo and the constitutional mandate of the president, and they jeopardize the constitutional order.
The Democratic League of Kosovo also claims that Thaçi cannot represent Kosovo in the dialogue with Serbia since he was not appointed to do so by the Kosovo Assembly. This party claims that the borders of Kosovo are defined in the Declaration of Independence and in the official opinion of the International Court of Justice.
“The final agreement with Serbia should be achieved, but without jeopardizing the territorial integrity of Kosovo, while preserving the unique character of the state of Kosovo and respecting the spirit of the Kosovo Constitution,” the DLK’s statement said.
The Constitutional Law Professor at the University of Pristina, Mazllum Baraliu, in a statement to Radio Free Europe (RSE), states that the Democratic League of Kosovo, as a parliamentary group in the Kosovo Assembly, has the right to petition the Constitutional Court regarding any matter that they consider unconstitutional or unlawful.
“In that sense, they have the right to do that and, of course, the Constitution of Kosovo states that both the sovereignty of the country and territorial integrity are inalienable. No one has the right to negotiate the sovereignty and territorial matters with any power, any country or anybody on the political scene or make any kind of agreement. Any official representative of the country must take due care not to give any kind of statements that are not in accordance with the Constitution and the legal order of the country “, says Professor Baraliu.
He adds that since in case it is established that Thaçi has violated the Constitution with such statements, the parliament members have the right to generate support from other MPs to seek the dismissal of the President.
“In case the constitutional principles are overturned, the president’s dismissal is one of the options providing that the majority in the parliament votes in favour of his dismissal”, he said.
Kosovo Prime Minister, Ramush Haradinaj has previously stated that “the borders of Kosovo have been established through a war and that only another war can alter them.”
(Radio Free Europe, 08.08.2018)
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