Smaca after Osman's infection: Begin procedures for electing the president immediately

President Vjosa Osmani's post has resulted in positive results with Covid-19, and for two weeks she will continue to perform her duties from home. So the country under it will not have institutional vacuum.

In the next two weeks, I will work from home, making sure that every document or decision that requires a decision-making review and that relates to my responsibilities in both the state functions I exercise is treated on time. Also, a number of meetings will continue via electronic platform”, Osmani wrote on her Facebook account.

But Constitution connoisseur Riza Smaka tells Kosova Preis that if Osman is deteriorating and needs medical treatment, the Assembly should appoint someone instead.

But he adds that it is now time for the Parliament to start with procedures for electing the new president.

But it requires that the number one state is not the product of any political agreement, but will be resolved on the basis of meritocracy.

Its “Sight is accidental, but it can be expected to be treated and then remains the question of the Parliament to appoint someone as a temporary task manager and should immediately open the procedures for electing the president. That's what he's due for. Even it would never have to be achieved to make a preliminary political agreement for the designated person, that it would be in direct conflict with Article 70 of the Constitution. The person who received votes would have to be elected, who would receive support according to loose votes and not imposed”, he says.

However, Smaka says that before the procedures for electing the new president begin, the 86th Article of the Constitution must be changed, respectively.

In the months, the procedure for electing the president should be opened and it would be very good that Mr. Hoti to open up an amendment and toʹria gave the Parliament and make the change of Article 86, that the 6th paragraph of this article stimulates and favours the violation of the Constitution because in the third round, what is to be solved is actually to the candidate otherwise to be dissolved. And the majority of MPs would not have jeopardised the MP's post because of certain principles, but only because the Parliament is being distributed”, he says.

The country's constitution has seen that if the president of the Republic of Kosovo is temporarily unable to fulfill his/her responsibilities, she/he could voluntarily pass the duties of his post/her post, the Speaker of the Assembly, who will be a member of the office of president of the Republic of Kosovo.

But it has not been defined whether even the task generator is unable to carry out his or her responsibilities.

“Nini 90 [The President's Contemporary Shortcoming] 1. If the president of the Republic of Kosovo is temporarily unable to fulfill his/her responsibilities, she/he could voluntarily pass the duties of his/her post, the Speaker of the Parliament, who would be the task of the president of the Republic of Kosovo. The president's order to hand over responsibilities should especially contain the reasons and duration of passing responsibilities if he has knowledge of them. The president of the Republic of Kosovo will resume the exercise of responsibilities when he is able to exercise responsibilities, and so the Speaker of the Parliament stops the post of acting adviser to President”, said at Article 90 of the Kosovo Constitution