Reporter warns political earthquake: Vjosa Osmani may have seriously violated the Constitution

Just hours after the Constitutional Court published the full conviction for the unconstitutional vote of the Hoti Government on January 6, 2021, President Vjosa Osmani's taskperson announced the February 14th 2021 parliamentary elections. In contrast to this decision made public by the presidency itself, no one in the public has seen a decree distributing the Kosovo Assembly, which under the Constitution must precede the proclamation of the election date, on the part of the country's president. The U.D. Office. The President's claim that there is a secret to the dissolution of the Assembly, but that the number of protocols they refer to the decree in question reveals that it was issued from the same office after the decision to declare the elections.

The Online Reporter.net, for days now, is looking to the Kosovo President's Office of Task Office, Vjosa Osmani, and to the Kosovo Parliament, the decree for the dissolution of the seventh legislature of the Kosovo Assembly. But the same document that should have been public, and according to the law published in the Official Journal of the Republic of Kosovo, has not been offered to the newspaper.

In interest if there is a decree on the distribution of the Kosovo Assembly, Bekim Kupina, Vjosa Osmani Media adviser, claims this one, as it was. The country's president on January 6, 2021, has issued decree No. 03/2021 to disperse the Parliament, given the Constitutional Court's Act of Vote in the Assembly of the former convicted Etem Arifi.

“u.d. President of the Republic of Kosovo Dr. Vjosa Osmani, based on the Constitutional Court's Act of Case Ko95/20, following preliminary consultation with political subjects, and relying on legal provisions and preliminary practices, prior to announcing the date of the elections, has distributed the seventh legislature, through Decree No.032021, on January 6, 2021<18x1>, says Kupina in his answer to online Reporternet.

The “After the decree was issued, is followed by the decision to announce the date of early elections for the Assembly of the Republic of Kosovo”, he adds to Tuesday's response.

But, the same as in the newspaper's first email, as in two other e-mails from Online Reporter.net has not responded to the request to attach the Presidency's decree for the distribution of the Assembly, which he himself refers to in response.

But, in contrast to the decree, which by law, would have to be published in the Official Journal of the Republic of Kosovo, the presidency since announcing the election declaration, January 06th, 2021, public has made only the decision on the appointment and announcement of early elections for the Assembly of the Republic of Kosovo.

The ruling in question bears the number of 02/2021 protocol, which is a preliminary number with that of the document, 032021 referred to in his response, though the decree was issued, and then followed by the decision that was issued by the office itself. Kosovo President Vjosa Osmani.

The number of protocols reveals that, regardless of the day, the decision on election proclamation has been issued before the Parliament's Extinction Decree is issued. Even the latest document has not yet been published in the Official Journal of the Republic of Kosovo, which under the law in Kosovo each act comes into force after it has been done, in contrast with the 02/2021 decision that has been immediately published on January 06th, 2021.

Moreover, No such act by the presidency is published in the official Journal of 2021, therefore 2021 does not exist as a category yet.. The same act is not found on the Kosovo Presidency page either.

But unlike the Office of the Chief Parliamentary and now U.D. of Kosovo President Vjosa Osmani, the Office of Kosovo Secretary of the Parliament, from Monday to today, have not provided clarifications about the situation, despite the insistence and renewal of questions from the Online Reporter.net.

This office didn't tell about Online Reporter Journal.net if they accepted the decree on the breakup of the Parliament and if this happened when the document went there.

Also, the Kosovo Assembly has not clarified even if there is no decree for the dissolution of the Parliament on the presidency, could the Parliament be considered distributed after the election declaration.

The Assembly should be distributed, according to the Constitutional Arrangement, with Article 95 of Kosovo's Article 95, the Constitutional Court highlights the verdict in the Ko95/20 case for the June 3rd vote in the Assembly of the Hoti Government.

There, Constitutional Judges, which unanimously declare unconstitutional Government Hoti, expressly stress that the Constitutional Court has not automatically interrupted the Parliament's mandate.

In the end, the Court also explains that the conclusion the controversial decision to elect the Government is not in accordance with paragraph 3 of Article 95 of the Constitution does not result in the automatic distribution of the Assembly.”, the Constitution at the 286 point of its published full decision on January 6, 2021, proclaimed 16 days before, on December 21, 2020.

Article 95 of the Kosovo Constitution, regulating the Government Election, to which the court refers, says the government is considered elected if it receives the majority of votes of all Kosovo Assembly deputies”, which, according to the Constitutional Court ruling, did not happen on 3 June 2020.

Consequently, the bias considers that unless this article is fulfilled, in the case of the government's vote Hoti has been consumed also paragraph 1 of this article that envisions that “1. The Assembly is distributed on these occasions: (1) if within the 60 (60) deadline day of appointment by the president of the Republic of Kosovo cannot be formed Government;”.

Meanwhile, the “date of the Election Declaration” is adjusted to Article 4 of the Kosovo General Election Law, which refers to Osman's office and to the January 6, 2021 decision to issue elections. Article 5 of his law's article 4 stipulates that “after the distribution of the Kosovo Parliament, early elections are appointed by the president no later than ten (10) days after the distribution. Early elections cannot be held earlier than thirty days and later 40 and five (45) days after the distribution. Early elections are regulated by the same laws and rules of the CEC, as well as other elections, except that the CEC can change the timelines as needed to comply with circumstances. ”