30 September 2010 6/2010

Dr. Tanja Tamminen Researcher at the Finnish Institute of International Affairs

Kosovo, law and order > Balancing rule of law principles after the president’s resignation

The President of resigned this week after the Constitutional Court ruled that he had breached the Constitution. This event can be considered as a step towards strengthening rule of law. It is also linked to fierce power struggles and reflects foreign policy tactics just before the Kosovo- dialogue was due to get underway.

The dialogue that is due to get under- and he subsequently announced his on to the LDK presidency (without way between Pristina and Belgrade is resignation on the following Monday. exercising it) despite his position causing strife in the internal politics The Speaker of the Assembly, Jakup as the President of the Republic can of Kosovo and serves to highlight Krasniqi (PDK), is now the Acting be explained by the internal power the differences between the political President of the Republic. struggles within the party. Parties in parties. Pristina’s stance is clear. The The president’s resignation can be Kosovo are traditionally hierarchical imminent dialogue can only handle seen as an indicator of the strength- and the president of the party goes practical issues, such as judicial ening of rule of law institutions in unquestioned as a leader. In this cooperation between the two states, Kosovo, but as it occurred this late, way, Sejdiu was able to guarantee his and not the status of Kosovo. PDK, it is clear that it is also linked to the supporters’ positions of power. Prime Minister Thaçi’s party, has power struggles of the forthcoming Following the death of Ibrahim been more flexible when it comes to election. PDK won a majority in the Rugova, the first , finding practical ways to promote last election, but has now been hit a number of leading politicians cooperation with Belgrade compared by a number of corruption scandals, left the LDK and swore to respect to the LDK, the party represented some of which were investigated Rugova’s legacy. Subsequently, the by Fatmir Sejdiu, the President of by the EU Rule of Law Mission in younger generation that stayed Kosovo until last week. The LDK has Kosovo, EULEX. One particularly within the LDK became disenchant- traditionally been keener on respect- strong party leader, Fatmir Limaj, ed with the internal power circles of ing principles and legal aspects. who is the current Minister of President Sejdiu’s supporters, who It is interesting that President Transport and Telecommunications, have not respected the democratic Sejdiu, who is known to have used has been under investigation by principles of the party. This internal legal aspects and principles in his EULEX. EULEX has executive powers opposition has been supporting Bujar argumentation, was so keen to when it comes to high-level corrup- Bukoshi, the former Prime Minister retain his position as LDK party tion and organized crime. Last spring, of the 1990’s government in exile, as leader even after he had been elected EULEX police searched both his house a candidate for the chairmanship of president in 2006. During recent and the ministry premises. Minister the party. He also enjoys the support years, it had become clear that even Limaj has not resigned from his post, of the Rugova family. Meanwhile, the a “frozen” position as the chair of however, and the slow pace at which charismatic son of the late President a party breaches the spirit of the the investigation is proceeding is Rugova, Ukë Rugova, is gaining Constitution. However, it was only detracting from the credibility of respect as a young politician. this summer that some members of EULEX prosecutors and the police. In the next election, the LDK is the Kosovo Assembly saw fit to take President Sejdiu has not been hoping to take advantage of the PDK the issue to the Constitutional Court. implicated in any corruption case corruption investigations and the The latter duly ruled on Friday 24 even though vicious rumours have problems besetting the opposition September that the president was in been circulating around his fam- party, AAK, which faced a major serious breach of the Constitution, ily. His perplexing desire to hold setback last July as the War Crimes 2

Address Tribunal in The Hague ordered the up ethics in their election rhetoric. Finnish Institute of re-imprisonment and a partial Amid the internal disarray of the LDK International Affairs re-trial of , the and AAK, an early election would Kruunuvuorenkatu 4 leader of AAK, in a case where he had appear to be beneficial only to the 00160 Helsinki previously been acquitted. current prime minister’s PDK party. Did the MPs who complained An early election would delay the Mailing address about President Sejdiu simply want start of the Kosovo-Serbia dialogue, Finnish Institute of to harm the LDK, or was there some- which has been brokered by the EU International Affairs thing more complicated behind their in the name of the EU perspective of PL 400 actions? Sejdiu may, in fact, now both countries. In September, pres- 00161 Helsinki hold a stronger position inside his sured by the EU, Serbia finally agreed party as he can once again exercise to start talks on practical issues with Telephone his role as the unquestioned leader of Kosovo, for the first time without +358 (0)206 111 700 the party, at least until the next Party explicitly bringing up the question Convention. of its legitimacy as a state. However, Fax The Assembly of Kosovo has having President Sejdiu sitting at the +358 (0)206 111 799 to elect a new president soon, as same table as the representatives of the Speaker of the Assembly can Belgrade would not have been a good www.upi-f iia.f i exercise this function for six months election campaign for the current only. Another option would be a LDK leadership. Albanians were sup- new general election, to which the pressed within Yugoslavia, and even international community seems to today being invited to the negotia- have given its blessing if deemed tions table would still not be seen necessary, even though the Central as being treated equally – especially Elections Committee has made it as Serbia still refuses to recognize clear that in practical terms this is them as representatives of a sover- not feasible before Christmas. eign state. Postponing the dialogue The opposition party, AAK, has would be welcome news among the called for the election to be post- Albanian majority. Both countries

The Finnish Institute of International Affairs is an poned until their leader gets back have been given an EU perspective, independent research institute that produces high-level from The Hague. Internally, the but until all the EU member states research to support political decision-making and LDK now needs to decide who will recognize Kosovo’s independence, public debate both nationally and internationally. win, those supporting the principles Kosovo will not have access to the of the rule of law according to the enlargement agenda. Thus Pristina The Institute undertakes quality control in editing publications but the responsibility for the views Rugova legacy, or the current party has no political interest in merely ac- expressed ultimately rests with the author(s). leaders, who will be unlikely to bring celerating Belgrade’s road to the EU.