Thaci can address Constitutional

The Constitutional Court should not be used to achieve political goals, they say. The 2014 interpretation explains everything, however, the president has the right to address the Constitutional Court on issues he considers unclear.

If first party, election winner, in this case coalition PAN, fails to secure the decision's approval for the election of the government, the country's president could be served in the 2014 act of judgment issued by the Constitutional Court for the second mandate. That's how they view law enforcement.

But Professor Flamur Hyseni says the president, however, can address the Constitutional Court in this case.

“The 2014 act has determined at its points. At the latest point, it is said that the president is not disfellowshipped from the possibility of granting the mandate to the second candidate under the same procedure. If he has this unclear as to what this means, he can address the Constitutional Court for next clarification. It's in the power of the president, he's right, and we should never look at this as impossible or something biased, because he's right”, he said, public television reports.

Albert Krasniqi from the Kosovo Democratic Institute considers that the Constitutional Court would not have to get another complaint on the same issue. Consequently, he would not even have to issue new interpretations on a matter he has already given interpretations about. But in the blocking situation, the president can also address it because there is legal space around the second term.

“Seeing these trends of political parties in Kosovo have consistently known to create the blocking situations, and that emptiness that may be in this president's disrepute for the second time, because there is no means that the Constitution or Court has preceded, through which the president will verify which of the political subjects has the parliamentary majority to form the” government, he said.

For fellow analyst Fargan Qorrolli, the discretion or scope of the president's action implies that the president mandates the subject or group of political parties, who convince him they have the parliamentary majority.

If first time, nominated by coalition PAN for prime minister, Mr. Hardinaj fails to form the government, then in the second case the president of the Republic must give the majority mandate, which convinces him, to form the government and to no avail, and is in the leadership of the head of state not to allow the repeat of extraordinary new elections because this is even unaffordable for a poor state such as our”, he said.

The Constitutional Court's decision in 2014 was sought by President Atifete Jahjaga, who had requested clarification on relevant provisions specifying the mandate, parties to establish government.