If Kurt goes to Thaci we call it constitutional silence

I can say, as one of the draft members of the Constitutional Constitution of the Republic of Kosovo is one of the most advanced in the region, because we have drafted it on the basis of a set of constitutions that have emerged from different systems, we have, respectively, had positive elements that we have received from the US Constitution. Kosovo's constitution is one of the most advanced constitutions, because there are positive languages and writing is very positive in relation to citizens and different opinions”.

We in the Constitution have seen things that can happen. We couldn't predict things that couldn't happen. We haven't been able to predict in the Constitution that if a party or a coalition wins the elections and the candidate doesn't go to get the mandate, because this is absurd for us”.

There is also emptiness for this reason, so we say the Constitution is silent in certain cases”.

He in the special edition in Klan Kosova has clarified how the president should act, based on the Constitution, in such circumstances when the government has collapsed with no confidence motion.

The process of establishing institutions in the Republic of Kosovo is not complete. It has only completed the election process, because the Constitution envisions the first and second round”.

“The president of the Republic is the main factor that is responsible for the unity of the people and to maintain stability through institutions that are divided into the Constitutions and are obliged to co-operate. Just one example: Kosovo's prime minister has 10 constitutional competencies, with four in co-operation with the president. The president of the Republic is the main authority of the state that has 30 constitutional competencies, among them having five or six competencies to co-operate with Prime Minister”.

The subx0> modeling Article 100 of the Kosovo Constitution. As there are penal, criminal, administrative and civil measures, the Constitution also envisions punitive measures. Constitutional penalties measures are dismissal, resignation and revote”.

The “model, philosophically, means download. The dismissal of a government is because it has not carried out its pre-priced duties with the Constitution, has not carried out the plan, or has not collaborated with institutions, so a government is not dismissed for fun”.

“The motion is a soft download expression. The president of the state under the Constitution is obliged to not go to the polls with all his chances. The constitution imposes, because elections have financial costs, human difficulties and citizens do not want to continue going to elections. The president has a constitutional and legal duty to flee elections, so it's the second round where the mandate must be nominated”.

Kryeziu has clarified that President Hashim Thaci must first call the winning party, which in this case is the Vetevendosje Movement, to get the mandate to establish the government.

If the Vetevendosje Movement is mandated and fails to establish the government, then the president has a discretion on who he will give the mandate for creating the government in the second round.

In the first round, the president is obliged to contact the party or the coalition to request the candidate's nomination for mandated ʹ which in this case is the Vetevendosje Movement. In this case, the president has no discretion. Discretion implies the will expressed within the constitutional and legal spasma”.

In the second case, the Constitution gives the president the possibility of discretion. Discretion is will. The president will see on the basis of meritocracy and the actions of political parties. In this case, the president sees which party will probably make Government”.

If it is the Vetevendosje Movement, then there is no real possibility that Vetevendosje Movement will create the new government, after receiving 82 votes against it. This critical measure depends on the president's discretion. The president must create space and measure the capabilities and possibilities of other subjects to create the government in order not to go to the elections”.

But how do you envision the Constitution in case Vetevendosje Movement chairman Albin Kurti as the winner of the 6 October elections chooses not to go to President Hashim Thaci to get the mandate?

If it doesn't go to Albin Kurti at the meeting President Hashim Thaci, we haven't seen it in the Constitution, and we call it constitutional silence. It may not go, but there are other parameters because every prime minister and political party enters the elections to improve human life. This has the human element that has to go”.

The constitution does not predict when it should go, but at the moment when the candidate goes and nominated, within 10 days the government must be formed”.