13 minutes agoAnalysis: President with dominant criteria appoints new mandate proves to have majority
Periskopi(6 years ago)
(6 years ago)After passing the no-confidence motion on Kurti Government in the Kosovo Assembly, the government is considered to have dropped, according to Article 95, score 5. It is now up to the president to decide on the distribution of the Assembly and the appointment date of the organisation of extraordinary elections or to assess the possibility for the new mandate proposal for formation [...]
After passing the no-confidence motion on Kurti Government in the Kosovo Assembly, the government is considered to have dropped, according to Article 95, score 5.
It is now up to the president to decide on the distribution of the Assembly and the appointment date of organising extraordinary elections or to assess the possibility for the new mandate's proposal for forming the new government.
If the president decides on the formation of the new government, the Constitutional Court Constitutional Constitutional Constitutional Act in the case of KO1/03/14 are the only guides.
But considering that the president in every case should try to avoid elections, given the fact that he is head of state and represents the unity of the people, as well as guarantees the democratic and constitutional functioning of the institutions, as well as the Government and is the main constitutional actor in forming Government after the elections, he can appoint mandates anyone who estimates he can have the majority.
Taking into account the circumstances Kosovo finds itself in due to natural disaster, the COVID-19, of course it is in the interest of the state and citizens to have a stable government.
Therefore, Thaci as president could take action stemming from the effect of Article 95.5 of the Constitution and the Constitutional Court Act in the case of KO1/03/14.
As he has stated, he should first call in consultation all parliamentary political parties to assess whether the formation of the new government or the distribution of the Assembly is in their interest.
If they are declared to be in the interest of political parties forming the New Government, then the president must set the dominant criteria for forming the new government, in accordance with the Constitutional Court's Test of 94 in the case of KO1/03/14.
These criteria must be met by either of the largest parliamentary parties or by a new political group, to have mandated opportunities to form Government and preserve stability, maintaining the dominant criteria.
But, on the other hand, even the president himself, upholding the dominant criteria, is obliged to mandate the political party's candidate, who proves that he has the majority in the country, to create the new government, not excluding the possibility that the mandate to give even the first winning party.
