People's lawyer declares it legal to dismiss ica, does not lead to Constitutional

Former CEC Chairman Valdete Daka on 27 October had addressed the ombudsman on request to review her dismissal by the country's president, Vjosa Osmani.

Despite remarks by the European Union, however, the Ombudsman finds the decision to dismiss the CEC chairman is determined by law.

According to the sources of Democracy.com, for this decision the Ombudsman has referred to Article 84 of the Constitution.

On this subject, Periscope had asked the ombudsman a question yesterday, but so far we haven't received any answers.

According to this Constitutional Article “Paragraph 26, the Constitution defines the president's competence to appoint the CEC chairman, but that the Constitution remains silent in terms of dismissal or even interruption of mandate”.

And according to this Constitutional Article, the interruption of the mandate and appointment of members of the CEC, including the CEC chairman, is defined by the 03/03 Law. L-073 for the General Elections in the Republic of Kosovo (January 61, paragraph 5) on which, among other things, the President's decision of the Republic of Kosovo No.42/2021, of June 14th 2021.

In the request that Daka was addressed to the ombudsman, it was said that the president's decision of the Republic of Kosovo's decision, to cut off the mandate as Head of the Central Election Commission (KQZ), is not constitutional and illegal and that it has violated personal rights and freedoms.

Otherwise, the European Union Mission presented an initial report last month on the October 17th election process, which is said to have been a vague legal provision regarding President Osmani's decision on the dismissal of Daka.