These are the constitutional competencies of Parliament, President, Government and Prime Minister for Dialogue and Foreign Policy

These are the constitutional competencies of Parliament, President, Government and Prime Minister for Dialogue and Foreign Policy

The constitutional order of the Republic of Kosovo, among other things, is based on power sharing. Article 4 of the Constitution of the Republic of Kosovo defines the form of governance and power sharing. The Assembly as the representative of the people, according to Article 2 of the Constitution, is also the highest organ, which [...]

Article 4 of the Constitution of the Republic of Kosovo defines the form of governance and power sharing. The Assembly as the representative of the people, according to Article 2 of the Constitution, is at the same time the highest organ, which exercises legislative power. According to Article 4 of the Constitution, the president of the Republic of Kosovo represents the unity of the people, as well as is the legitimate representative of the country within and abroad and the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as well as paragraph 4 of Article 4 of the Constitution, the Government of the Republic of Kosovo is responsible for implementing state laws and policies and is subject to parliamentary control by the Parliament.

In accordance with the principle of separation of powers, the Constitution of the Republic of Kosovo has made a clear division of the competencies of constitutional institutions even in relation to the foreign policy of the Republic of Kosovo, Periscopi writes.

 

  1. The Frameworks: The Assembly of the Republic of Kosovo oversees foreign policy;

 

  1. President's competencies: The president of the Republic of Kosovo leads the country's foreign policy;

 

  1. Government components: Government proposes and implements domestic foreign policy;

 

  1. The prime minister's competencies: The prime minister consults with the president for implementing the country's foreign policy.

As confirmed in the case of No. KO43/19: “regarding the foreign representation of the Republic of Kosovo by its constitutional institutions, the Court re-exemplifies the obligation of institutions in question, respectively, of the Assembly, the President and Government, that their competencies in foreign policy exercise within their constitutional mandate. This means, before all else, that any negotiation or other action involving the binding of international agreements on behalf of the Republic of Kosovo should be within the constitutional obligations the institution of the Parliament, the President and Government has to exercise their competencies within the spirit and letter of the Constitution.” To proceed further to Score 101 of the same Constitutional Court act: “However, the Court stresses that constitutional institutions have concrete duties and competencies defined with the Constitution. Any creation of the independence stipulated by law, for mutual approval, violates the competence and mandate of constitutional institutions, as is seen by the Constitution. ”

Not forgetting here is the fact that, as the Constitutional Court reexemplifies at the 69th point of Act on case No. CO43/19 of the Constitutional Court of the Republic of Kosovo: “within the framework of the constitutional legal system all other norms are subject to the superiority of the constitutional rate. The court estimates that, when a matter is determined by the Constitution, it cannot be changed, undermined, or transformed through an act of lower judicial power like the law. Given the constitutional rating's superiority, the Court recalls that all other legal acts should be in accordance with it. ”

These days had varied interpretations of the Constitution, but the competent constitutional institutions in the foreign policy sphere -- respectively, the Government, Parliament, Government and Prime Minister -- have clearly established their constitutional competencies so the president leads the country's foreign policy, the Parliament oversees foreign policy, the Government proposes and implements the country's foreign policy, the prime minister consults with the president for implementing the country's foreign policy.

 

On the basis of these competencies, all sides must co-ordinate their actions, and these constitutional competencies cannot be extended to other bodies that are not envisioned with the Constitutions, and each of the institutions must carry out their constitutional mandate./Periscopi/

 

CONVERSATIONS ARRANGEMENT E SE PRESIDENT, CEVITIES, AND POSIDENT KEYMINISTRY IN THE POLITIC FOUS JOYMA
Article 84 (10) of the Constitution Article 84 (10) of the Constitution Article 93 (1) of the Constitution Article 94 (9) of the Constitution
Article 65 [The Assembly Comits]

The Assembly of the Republic of Kosovo: ...BAR12) oversees foreign and security policy;...

Article 84 [The President's Comissions]

President of the Republic of Kosovo: ...

(10) leads the country's foreign policy;...

 

Article 93 [Government Comissions]

The government has these competencies: (1) propose and implement domestic and foreign policy;...

Article 94 [The prime minister's computers]

The Prime Minister has these powers:

(9) consults with the president for implementing the country's foreign policy;...

 

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