Vetevendosje is manipulating with Constitutional Act, president leads with foreign policy

“The president of the Republic of Kosovo leads the country's foreign policy” says the Constitution of the Republic of Kosovo, at Article 84,point 10.

Calling into an act of the Constitutional Court, which for matter of judgment had the competencies of the Government of Kosovo and the competencies of the former Negotiator Team, based on the Law on Dialogue drafted at the time, but not even the competencies of the president, the deputies of the Vetevendosje Movement and members of the government Kurti are trying to manipulate the public.

This Constitutional Court ruling was exclusively against the Law on Dialogue and had not addressed the role and function of the president, except by means of the government's liaison with the president's office as foreign policy leader.

Moreover, the ministers of the Government of Kosovo itself, based on the Law on International Accords, are obliged to obtain authorisation from the president for signing any international agreement that is linked to their government dictatorships.

The constitutional order of the Republic of Kosovo, among other things, is largely 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 at the same time the highest organ, which exercises legislative power.

In contrast, 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 inside and abroad, and 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 a more simplified version, these are the competencies of the Parliament, President, Government and Prime Minister in foreign policy:

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

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

3. Government components: The government proposes and implements the country's foreign policy (proposes ambassadors, but it is the president as foreign policy leader who appoints and dismisss them, while the government only technically implements foreign policy through MPJ and embassies);

4. The prime minister's competencies: The prime minister consults with the president for implementing the country's foreign policy (i.e. the prime minister's role in foreign policy is technical and is advised to implement foreign policy because he does not lead foreign policy, and that is also implied because he cannot appoint ambassadors and general councils, which are the highest level of diplomatic representation, because this is the president's competence.

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 Parliament, the President and Government, that their competencies in foreign policy exercise within their constitutional mandate. This means, before all else, that any negotiations or other action involving the linking 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 Point 101 of the same Constitutional Court act:

Whatever the case, 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. ”/ P ERISCOPI/