Baraliu on PDK’s request: The Constitutional Court must act quickly due to the urgency

The Democratic Party of Kosovo (PDK) referred a case to the Constitutional Court earlier today concerning the constitution of the Assembly. The PDK was represented by Parliamentary Group Chair Arian Tahiri, MP Përparim Gruda and lawyer Faton Fetahu.

After filing the complaint, Arian Tahiri said at a press conference that the party had turned to the Constitutional Court to request the imposition of a measure that would prevent institutional damage.

Commenting on the development, legal affairs professor Mazllum Baraliu said that the Court could impose an interim measure and decide on it more quickly, or that it should act more quickly. However, he assessed that such a measure was unnecessary, since this was an issue that had already been adjudicated.

Baraliu also explained that the Court has no set deadline for issuing a decision. According to him, the rules provide for 60 days in certain cases, but there have been instances when proceedings have lasted months or even years.

He added that, as long as the Court has not issued a decision or imposed an interim measure, the Assembly may continue holding its sessions.

According to Baraliu, even if a violation is found to have occurred, the Court does not determine that the country should automatically go to elections. He stressed that the Constitutional Court decides as a single-instance court.

In his assessment, the most important thing is for the Court to issue a decision as soon as possible, since the matter is highly urgent. Baraliu said that institutions should not be prevented from carrying out their activities, except when the Court considers that the Constitution has been violated.