Thaci's adviser responds to Kurti's letter to the constitution's mother, clarifys the president's constitutional position

President Thaci's political adviser, Adil Behraj, has countered the prime minister's letter today in resignation to President Thaci, where he was trying to dim his constitutional role.

Behramaj has said Kurti's claims do not amount to reality and established constitutional circumstances.

He has said that according to the Constitution, the president has the authority to undertake all actions that enable constitutional functioning of institutions, in any constitutional circumstances presented.

While for constitutional practices mentioned in Kurti's letter, 2010 and 2017 respectively, Behramaj has said they are not relevant to the current situation and the circumstances created. According to him, parliamentary political parties in 2010 and 2017 had clearly expressed their will to hold early elections, as were actual circumstances at the time.

“What the prime minister claims in resignations in today's letter, where he speaks as prime minister at times as party chairman, does not amount to reality and established constitutional circumstances. According to the Constitution of the Republic of Kosovo, Article 4 (3) and Article 84 (2), the president is the guarantor of the democratic and constitutional functioning of institutions. This means that the president, under this Constitution, has the authority to undertake all actions that enable the constitutional functioning of institutions, in any constitutional circumstances presented.

Every move by the president is in state interest. Consultations that have developed with political parties have been necessary to assess the will of political parties for the created situation, in terms of the letter and spirit of the Constitution. The president has held these meetings with a view to the political will expressed by political parties in the Republic of Kosovo to materialise by integrating it into constitutional procedures, aimed at functioning constitutional institutions, in this case the Government of Kosovo.

The Constitution of the Republic of Kosovo clearly defines the president as an active constitutional actor when the Government is absent, specifying all necessary steps to take.

The president's goal is to have the political will expressed by political parties integrate within constitutional procedures, in order for the institutions of the Republic of Kosovo, the Kosovo Government, to function constitutionally, respectively. So, as the Government selected from the Parliament of the Republic of Kosovo, not as the Government is now dismissed.

The constitutional practices mentioned in Kurti's letter, 2010 and 2017 respectively, are far from relevant to the current situation and the circumstances created. The parliamentary political parties in 2010 and 2017 have clearly expressed their will to hold early elections, as have actual circumstances at the time. In the concrete case, parliamentary political parties have expressed their clear position on the need to establish the new government. This approach implies the role of the president as a representative of political unity and balanceer, so more than ever before, in the circumstances that we are the president is entitled to assess the avoidance of elections in detail.

Regarding Article 82 (2) everything is clear, because only with a simple reading is it understood that the provision is applied by the president always by assessing the actual and constitutional circumstances on the basis of his role. It is not the goal of Article 82 (2) for the Assembly to be distributed necessarily after the government's Non-confidence Mode vote. This arrangement always applies in view of the will of most representatives of the chosen people in the Assembly. Therefore, the one praising the implementation of Article 82 (2) is only the president, given always his role in representing the constitutional and political unity of the people, expressed even in the composition of the Republic of Kosovo Assembly as a result of elections held several months ago.

The will of political parties is not to hold elections, but to have the new Government as soon as possible and constitutional provisions allow that to happen!” wrote Behramaj.