Implications of the Organization for Security and Cooperation in Europe (OSCE) for municipal elections in northern Kosovo, which provided in paragraph 11 of the agreement of 19 April in Brussels between Kosovo Prime Minister Hashim Thaci, and Serbia, Ivica Dacic, in any form other than as observers, would be contrary to the laws and Constitution of Kosovo, experts estimate constitutional legal issues.
In paragraph 11 of the agreement states that "the municipal elections in the northern municipalities will be organized in 2013, with the assistance of the OSCE, in accordance with Kosovo law and international standards".
Professor Riza Smaka, constitutional law expert, estimates that the implication in this case the OSCE, should not be in the role of facilitator of the elections in the north.
"In this case, to be realized elections, at least in the manner prescribed by law for elections, should the OSCE in order to be sincere, meaningful, dedicated and loyal to the Government of the Republic of Kosovo "Smaka estimates, RFE broadcasts.
Professor Mazllum Baraliu also international law expert, said the election law and the Constitution of Kosovo clearly specify the powers to organize elections in the country of Kosovo institutions and, above all, the Central Election Commission. Any outside intervention specify what law, he says, can not be considered legal.
The law does not provide any form of intervention, in addition to international monitoring is based on international standards.
"The law does not provide any form of intervention, in addition to international monitoring and is based on international standards. Meaning, election observation, but not interference. Any type of interference mitigation is actually powers or insight into our institutions. "
"Therefore, if it happened, on one side is a violation and interference with constitutional and legal provisions and on the other hand, is distrust in the institutional structures of the competent authorities of the Republic of Kosovo. Has no right to the OSCE and the bodies to be believed Our "says Baraliu.
Even Smaka professor estimates that the organization of local elections in the north and generally in place or any type of interference, whether or relief assistance from the OSCE, would conflict with the Constitution of the country, but, according to him, the current specifications in north are different from the rest of the country.
However, that would not be in conformity, in harmony and consistency with the Constitution.
"However, that would not be in conformity, in harmony and consistency with the Constitution. However, in the context of forces on the ground, the force ratio, the capacity of public authorities sovereignty of our country means, such concessions would be opportunistic, acceptable to the situation, to make a slightly larger work, means a step further, because I doubt that our authorities will be able to do this job, "said Smaka.
But Professor Baraliu the eventual involvement of the OSCE in organizing or facilitating municipal elections in northern Kosovo, could whoever disputed by citizens.
"You can contest for any reason to think that there is a breach and in fact, such violations as may be interpreted and may be subject to treatment in the Constitutional Court and the Court of Human Rights in Strasbourg. This is because it is a violation of human rights of our citizens not to be managed by their institutions, which have made themselves, of their choice through their representatives, and their Constitution which have bring the citizens of Kosovo ", emphasizes Baraliu.
Otherwise, Baraliu professor adds that parties and party structures that are, as he says, a subsidiary of the parent party in Serbia, should necessarily, according to the Kosovo Constitution and laws, to enter the Central Election Commission, the Registry and certification of political entities, such as political parties operating in the Republic of Kosovo, under its laws, and in the spirit of the Constitution and within the country. / Telegraph /
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