Can new elections be held without the completion of CEC members?

Kosovo Prime Minister Ramush Haradinaj's resignation and his insistence on extraordinary elections have found the Central Election Commission (KQZ) unappropriated in composition. Two coalition members missing there PAN making up the three parties P DK, AAK and Social Democrat Initiative. All three parties insist that iu is met by a member of the CEC [...]
The three parties insist the i '%u is met by a member of the CEC and say the absence of their members would lose its legitimacy.
But, otherwise, the connoisseurs of the Constitution and the CEC monitors, who say even without those two members, the CEC would be functional to declare elections and certificate them.
All this fog has come because of a complaint at the Constitutional Court of ruling parties on constitutionalisation of President Thaci's decree to appoint members of the CEC, where two opposition parties, LDK and VV belong to two members and coalitions. PAN two members.
AAK parliamentary group chief Ahmet Isufi expresses optimistic that Constitutional Court will return response in favour of coalition PAN and all parliamentary groups have one member in this body.
Isufi did not deny that President Thaci could use this as a pretext to stall new elections.
We have filed the complaint that all parliamentary groups will be allowed representation by one member. So we don't calculate in other ways. The Constitutional Court must make a decision on this case, for this reason the CEC should be complete with all parliamentary groups under the law, and the elections should be held on schedule with the Constitution”, Isufi says.
That the CEC should be completed and said former member PDK and proposor for the new composition, Lir Gashi. Citing the ruling that the Constitutional Court can take, he indicated that representation of his party is inevitable in the CEC, regardless of the decision that can be made because, as he says, without the PDK, the CEC cannot have legitimacy.
In spite of the insistence, members of the Initiative have been unable to declare themselves on the matter.
Meanwhile, CEC monitors say completing the CEC is important, but not necessary, that would block the election process.
KDI researcher Eugen Cakoli says that non-completion of the CEC's composition is a poor indicator, but according to him, it does not prevent the electoral process because it has the quoum needed for the proclamation of elections and their certificate.
He called on the Constitutional Court to respond to the constitutionality of President Thaci's decree for the appointment of CEC members.
“The fact that the Central Election Commission does not complete its composition, with two members from the coalition PAN as it should be a bad indicator for the CEC itself. As for the electoral aspect in general, elections can be held, and if the CEC remains with its current composition. As it has the necessary quorum and election proclamation, the Certificate of results and similar results. We had an example of this and elections in the north where elections were organized in this composition. But there remains a problem in the issue of the integrity of the elections and all involvement of political subjects that would have to have a mandate at the CEC” says researcher Calcoli.
The same opinion divides and the connoisseur of Constitutional Affairs, Mazum Baraliu, who says that despite the absence of the CEC, it does not prevent him from making decisions, since it has the necessary quorum.
“The CEC lacks two members who would have to be delegated, but which has dilemmas in the presidency and complete its structure. But without those two members, it's not fully functional... since it has the quorum has the opportunity to make decisions. Decisions are made largely because the first principle is consensus”, Baraliu declares.
Otherwise, President Hashim Thaci over a year had not decreed members of the CEC for those very differences, even sending questions to the Constitutional, and, in response, they were divided on the basis of parliamentary groups.










