Saraj was left without a mayor, but the Government was not left without a prime minister - the Constitution separates the functions, the Parliament merges them

Constitutive session in the assembly / Photo: Free Press - Dragan Mitreski
Constitutive session in the Assembly / Photo: Free Press - Dragan Mitreski

According to current practice, there is selectivity in the application of the Constitution and laws, i.e. the mayors who were elected as MPs always have their mayorship terminated and early local elections are called, while the prime ministers and ministers who were elected as MPs remain in the executive power until the election of a new one. government

The function of MP is incompatible with another function and if MP Talat Xhaferi continues to preside over the technical government, and the MPs who were ministers continue to perform the ministerial function in addition to the MP, they will violate the Constitution and several laws, the experts are categorical in relation to the practice that has been implemented in our country for years, according to which the mayors who are they elected as MPs in the Parliament automatically lose the post of mayor, and the ministers who became MPs continue to serve as ministers. After today's verification of the mandates of the deputies in the new parliamentary composition, the municipality of Saraj was left without mayors, because Blerim Bejeti from DUI accepted the parliamentary mandates. Unlike him, the mayor of Tetovo Biljal Kasami from "Vredi" did not accept the parliamentary mandate and remained in the local government. Early mayoral elections should be called in Saraj, because there are more than six months until the regular local elections. Local elections will have to be called in Aerodrom and Gostivar if the mayors Timcho Mutsunski and Arben Taravari become ministers in the future government.

Xhaferi will not go to the Parliament until the government is elected

Unlike the mayors, the technical prime minister Xhaferi and several ministers from the technical government who were elected as MPs, as Fatmir Bitici, Ilir Demiri, Ljupco Nikolovski, Slavjanka Petrovska and Bisera Stojchevska Kostadinovska will remain in the ministerial positions and they will not be replaced by any of the vice prime ministers and deputy ministers. The Chairperson of the Constituent Session, Merita Kolchi Kodjadziku, after the verification of the MP mandates, said that the MPs who are they office bearers will cease to hold office, but some of them will continue to perform their duties.

- Pursuant to Article 8 of the Electoral Code, the President of the Government and individual members of the Government, with the verification of the mandate for MPs, cease their functions in the Government due to the incompatibility of the functions. In order to ensure continuity in the work of the Government, the Government will perform only the necessary functions until the election of a new one - Kodjadziku said.

In fact, she repeated the words with which, after each verification of the mandates of the new parliamentary composition, the Parliament allows the Government to continue working with the same officials, regardless of which part of them became MPs in the meantime. So far, it has not happened to the current prime minister, who always does as the holder of the list was elected as a member of parliament, to appoint a deputy until the election of the future government. In 2020 year the elections were held on July 15, and technical Prime Minister Oliver Spasovski continued to perform the function of Prime Minister even though he also became a Member of Parliament, so on August 31 there was a handover in the Prime Minister's office between Spasovski and Zoran Zaev. The same was the case with the previous mandate, when after the elections on December 11, 2016 year technical prime minister Emil Dimitriev was elected as a member of parliament, but the new government headed by Zaev was formed only in July 2017 year, so Dimitriev was technically Prime Minister and Member of Parliament for seven months.

Dafina Stojanovska / Constitutive session in the assembly / Photo: Free Press - Dragan Mitreski
MPs Merita Kolci Kodjadziku and Dafina Stojanovska / Constitutive session in the Parliament / Photo: Free Press - Dragan Mitreski

After the verification, Talat Xhaferi called procedurally for the floor, who said he wanted to explain the situation to the public.

- In order to prevent a conflict of interests, I will hold the position of prime minister until the election of the new government, because the new Assembly allowed me to do so, but I will not participate in the work of the Assembly. The mandate of the Government is obtained in the Parliament, which elects and dismisses it. The previous composition of the Assembly elected the Government, and the new parliamentary composition does not have an act to dismiss the government, but according to the conclusion of this composition, it continues until the election of the new government. I want to inform the public and the institutions that as prime minister, I will not take part in the work of the Assembly, because based on the Law on Prevention of Conflict of Interests, I cannot hold two positions at the same time, so until the election of the new government, I will not take part in the work of the Assembly. This is to inform everyone and overcome all dilemmas - said Xhaferi from the podium.

The Constitution and the Electoral Code are being violated

According to constitutional experts, it is a flagrant violation of the Constitution if one person is an MP and a minister at the same time.

- It is not constitutional for the same person to go to both the Government session and the Assembly session. Whatever the practice is, it should stop. It is not necessary to bring legal changes to fix these situations, the ministers who became MPs should to give them leave the deputy ministers to lead the ministries until the election of the new government, and that as deputies, do not necessarily become ministers. Double standards are at stake, mayors immediately lose their mayoral mandate - says a constitutional expert for "Sloboden Pechat", who wanted to speak anonymously.

Former SEC member Janake Vitanovski yesterday warned of the violation of the Constitution.

– The new Assembly should be constituted and the mandates of the deputies should be verified. Will the Electoral Code, Article 8, be respected? as and Article 63 of the Constitution of the Republic of North Macedonia, or will it happened anything else in "Our Country"? According to the Electoral Code and the Constitution, the position of deputy is incompatible with another public position, president of the Government, minister, mayor, councilor, judge, prosecutor, attorney or other position. With the day of the verification of the mandate, the mandate of the other office ends. So, all those who hold public office should resign from their office. Will the Law and the Constitution be respected? - Vitanovski wrote on "Facebook".

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