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The Vetevendosje Movement (LVV) of Kosovo's acting Prime Minister Albin Kurti has asked the country's highest court to declare inadmissible the request of the largest Serb party in Kosovo, which complained against the separate vote for the Serb deputy speaker of the Kosovo Assembly, the party's official, Albulena Haxhiu, said on Wednesday.
Haxhiu announced at a press conference in Pristina that the LVV asked the Constitutional Court to declare the Serbian List's request inadmissible, "because it does not comply with the fundamental requirements" of the Kosovo Constitution.
"Constitutional control is only possible over acts approved by the Assembly, in this case we do not have such an act, but only a procedure interrupted without any legal procedure," said Haxhiu - who is also the Deputy Speaker of the Assembly of Kosovo.
She added that "Article 113, paragraph 5 of the Constitution is clear, meaning that only acts of the Assembly are subject to constitutional review, and this is an essential condition for the admissibility of any request submitted to the Constitutional Court."
Last week, the Constitutional Court unanimously imposed a temporary measure prohibiting elected members of the Assembly from taking action, as well as prohibiting them from conducting any procedure for the formation of a new Government, following the request of members of the Serbian List.
The complaint by the Serbian List - which enjoys the support of official Belgrade - came after the new Speaker of the Assembly, Dimal Basha, put the candidates for deputy speakers of the Assembly from the non-Serb and Serb minority communities to a separate vote.
The court emphasized that - without assessing the suspicions raised by the Serbian List of constitutional violations in the sessions of August 26 and 28 - "it is necessary to stop all further actions towards the election of the Government and the continuation of the work of the Assembly."
Her measure will be in effect until September 30.
The Serbian List, which has 9 out of 10 seats reserved for Serbs in the Assembly, insisted on nominating only Slavko Simi? even after he failed to receive the necessary 61 votes after the three allowed rounds of voting.
When she refused to propose someone else for vice president, Basha decided to draw lots, according to the Assembly's Rules of Procedure, to draw another name from the Serbian community.
In addition to all the MPs from the Serbian List, Nenad Raši? from the Serbian party For Freedom, Justice and Survival, who is also a serving minister in Albin Kurti's government, was also nominated for this position. Raši? did not receive the necessary votes either.
The municipality unilaterally declared the constitution of the Assembly complete, despite the failure to elect a fifth vice-president from the non-majority Serb community.
LVV sent its comments to the Constitutional Court a day after the country's president, Vjosa Osmani, did the same.
Osmani told reporters on Tuesday that the functioning of the Kosovo Assembly should not be blocked by the lack of a deputy speaker, and criticized the Serbian List for "intending" to block the formation of the country's institutions.
She added that in her comments, she urged the Constitutional Court not to allow anyone to have the right to veto important processes in the country and said she hopes that the country will be able to continue with the formation of institutions after September 30, when the measure ends.
Kurti and his party have criticized the measure imposed by the court, and Haxhiu repeated the criticism on Wednesday.
Since Basha declared the Assembly constituted at the end of last month, Vetëvendosje began efforts to form a new Government.
Vetëvendosje, which has the right to nominate the first candidate for prime minister, once again nominated Albin Kurti at a party meeting over the weekend.
"We have already voted for Kurti as prime minister-designate and we had planned to immediately continue with the procedure for forming the Government. For us, it is absurd that the Court has imposed the suspensive measure," said Haxhiu.
Vetëvendosje, with 48 seats in the Assembly, does not have a majority and would need to reach an agreement on a governing coalition to form the Government if the court gives the green light after September 30.
Haxhiu said that the party could continue talks with Fatmir Limaj's Social Democratic Initiative, which has three MPs in the Assembly, or with any "interested" MP.
"With PDK, by no means, with LDK we have made efforts but were rejected. Negotiations can continue with Nisma or any MP who is interested. We must move forward, whether with a new Government or new elections," Haxhiu stressed.
The president, who is tasked with appointing the prime minister-designate, said on Tuesday that she will do so immediately after September 30, if the Constitutional Court's decision is positive.
"Immediately after September 30... with the hope that there will be a decision in the positive spirit of the constitution, on that same day I will call the first party and will immediately proceed with the appointment of the mandate holder. And then the other matters are in the hands of the parties, who creates the majority, how they create the majority, how the government is voted, those are then outside this institution", said Osmani./ REL
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