Ombudsman with notice: Turns down the Daka request for Ousmane dismissal

The ombudsman has again been declared about the case of former CEC chairman Valdete Daka.

Through an announcement from the ombudsman, he announced that on November 18, 2021, he has issued A. No. 625/2021 to refuse request submitted by the Valdete Daka

This decision is publicly communicated because of major media interest and questions the ombudsman has agreed to regarding Mrs. Daka's request. The ombudsman notes that the Constitution of the Republic of Kosovo, Article 84, paragraph 26, defines the president's competence to appoint the CEC chairman, while the same remains silent in terms of dismissal or even the interruption of his mandate. The issue of suspending the mandate and appointing members of the CEC, including the CEC chairman, is determined with the 03th Law. L-073 for the General Elections in the Republic of Kosovo (January 61, paragraph 5) on which, among other things, the No.42/2021 decision, of June 14th, 2021 of the President of the Republic of Kosovo. From here on, the ombudsman has estimated that the issue raised by Mrs. Daka presents a legal case and that under these circumstances the legality of the President's decision should be assessed, which this cannot be the object of the assessment by the Constitutional Court”, the announcement said.

On the other hand, the ombudsman has found that Dhaka has offered no evidence that it has been exhausted, or that it has at least used legal means against the President's decision.

“The People's Authentication is based on the practice of the Constitutional Court (Action for Unacceptability in Case No. KI142-13, dated November 18, 2013, premonitionary Fadil Maloku, concerning the request for assessing the constitutionality of the President of the Republic of Kosovo's decision, No.686-2013, of September 6, 2013, under which the court has estimated effective legal means exist, which must be exhausted before the issue is raised in the Constitutional Court. Furthermore, the Law for ombudsman, Article 22, paragraph 1, sub-paragraph 4 stipulates that the ombudsman rejects demands when all regular and extraordinary legal means are not exhausted. On the concrete occasion, Mrs. Daka has not used legal means, so the ombudsman has decided that the request will be rejected, without prejudiced if the President's decision to cut its mandate is fair and in accordance with law”, says the report.