Kosovo goes to the polls, the Constitutional Court overthrows the "Hoti" government, debates and questions over Kurti's candidacy

Kosovo will go to early elections. The Constitutional Court has accepted the request of the leader of Vetëvendosje, Albin Kurti, who called the "Hoti" government invalid, because during its vote of confidence also voted the deputy Etem Arifi, who was sentenced to 1 year and 3 months in prison for "Subsidy fraud". The decision of the Constitutional Court states that a person convicted of a criminal offense by a final court decision in the last three years, can not be a candidate for MP or gain a valid mandate in the Parliament of Kosovo.

“Decision no. 07 / V-014 of the Assembly of the Republic of Kosovo on the Election of the Government of the Republic of Kosovo, dated 3 June 2020, is not in accordance with paragraph 3 of Article 95 [Election of the Government] of the Constitution, because the Government has not received the majority of votes of all deputies of the Assembly of the Republic of Kosovo; IV ". TO CONSIDER that, taking into account that the Government was not elected according to paragraph 3 of Article 95 [Election of the Government] of the Constitution, then based on paragraph 4 of Article 95 [Election of the Government] of the Constitution, the President of the Republic of Kosovo announces elections of which must be held no later than forty (40) days from the day of their promulgation; V. CONSIDER that this Judgment has no retroactive effect and based on the principle of legal certainty the decisions of the Government remain in force,

Kurti's candidacy

But the decision taken by the court has also questioned the candidacy of Albin Kurit and some other Vetëvendosje deputies. Many media and analysts in Kosovo have argued that they are not allowed to run because they have been convicted by a court. According to the media in Kosovo are also penalized: Albulena Haxhiu, Donika Kadaj-Bujupi and Faton Topalli. The Basic Court in Prishtina, in January 2018, found guilty four members of the Assembly of Kosovo, Albin Kurti, Donika Kadaj-Bujupi, Albulena Haxhiu and Faton Topalli, for two criminal offenses, that of using a weapon or dangerous means and obstructing official person during the performance of official duties, actions related to the shedding of tear gas in the Assembly of Kosovo in 2015. Albin Kurti was sentenced to 1 year and 3 months imprisonment for using a weapon or dangerous device, while for the criminal offense of obstruction of an official person he was sentenced to six months imprisonment. He was finally sentenced to a single sentence of 1 year and six months probation. Vetëvendosje has announced that there is no penalty, as Kurti was sentenced to probation in the end. It remains to be seen what will happen.

Nisin konsultat

Presidentja në detyrë Vjosa osmani ka nisur dje konsultat me partitë politike për të përcaktuar datën e zgjedhjeve. Përfaqësuesi i LDK-së në ketë takim, ministri Arban Abrashi tha se LDK do të garojë e vetme në zgjedhjet që pritet të mbahen së shpejti. “E kemi përmend janarin edhe më herët, gjithsesi në kuadër të këtij konteksti qe mos të hyjmë dhe mos t’i kalojmë kufijtë kushtetues sepse është e paqartë çka ndodhë pastaj. Datat të cilat sot i kam përmend, ka qenë 7 shkurti”, tha ai. Komisioni Qendror i Zgjedhjeve thotë se do të respektojë aktgjykimin e Gjykatës Kushtetuese, sipas të cilit iu pamundësohet kandidimi në zgjedhje të gjithë atyre personave që në tre vjetët e fundit kanë qenë të dënuar me vendim të shkallës së prerë për ndonjë vepër penale.

"The Constitutional Court, as far as we have read in the short notice it has published, demands that Article 29 of the Law on General Elections be applied, ie that prevents the candidacy of a person who has been found guilty of a criminal offense by a final court decision in the last three years ", said for Radio Free Europe, the CEC spokesman, Valmir Elezi.