Does Osman have the right to mandate Kurt as prime minister?

Does Osman have the right to mandate Kurt as prime minister?

The February 14th elections managed to bring a “to the political” in our country. But the full process of counting votes has not yet been completed, which should then be certified by the CEC. Kosovo now faces the formation of the government, and after that, the challenge of electing the president. These elections won LVV, while [...]

The February 14th elections managed to bring a “to the political” in our country.

But the full process of counting votes has not yet been completed, which should then be certified by the CEC. Kosovo now faces the formation of the government, and after that, the challenge of electing the president.

These elections won the LVV, while the LDK was the one who had the biggest drop in the election ever.

But despite that, reactions following election results continued to be present, while the post of president continues to be also very controversial.

But before deciding for the presidential post, the question arises whether the government will have to be formed first and then elected president or vice versa.

Kosovo's constitution clearly stipulates that Kosovo's president should be elected with at least 61 votes in the third round if the first two fail, while at the session, at least 81 MPs should participate. The new president must be elected within the 60-day deadline from the start of the election procedure, while if this process fails then the country automatically goes to the polls again.

As to whether the president's Vjosa Osmani will be defeated to decree the next government, former Constitutional Court Chairman Enver Hasani has also spoken.

Hasani said Osmani will have its mandate for 6 months and that during this time it can decree the new Government.

If the new government is not elected during Osman's mandate, then political parties must first elect the president, then proceed with the government's decree.

“President Osmani can also decree the next government. If elections are well conducted in 6 months, then Osman can proceed with procedures and everything is fine. If the new government is not elected within six months, then the president must be elected once, then the government” will continue, he said in a televised debate.

Even law officials have commented on electing the president and forming the new government.

They expressed that Osmani constitutional competencies propose the candidate for prime minister and that anyone exercising the presidential post has the full right to decree the next prime minister.

Among other things, the IKD said that the president must first be appointed, then the Kosovo government will be formed.

Ehat Miftaraj from the Kosovo Institute for Justice (IKD) says that on the basis of the hierarchy of Kosovo institutions and the projected way of the Constitution of Kosovo, it turns out that after the framework of the Kosovo Assembly, the process of appointing the president of Kosovo must follow, to continue with forming the government.

Also, Miftaraj says that in the past Kosovo has formed the government before the president, but that this practice can be changed by the Constitutional Court, if potentially punished by opposition parties if they value it.

“Based on the hierarchy of institutions in Kosovo and the way the Constitution of Kosovo is designed, it turns out that after the Kosovo Parliament is formed, the process of appointing Kosovo's president must follow to continue with forming the government. Although in the past Kosovo has built the practice of forming the government before appointing the president, such an approach has not been contested in the Constitutional Court, which means this practice can be changed by the Constitutional Court if it can potentially be punished by opposition parties if it is estimated by”, potencon Miftaraj.

While the certificate of election outcome in Kosovo is expected, another debate has flared up between political parties and law and constitution connoisseurs. The question is: Who should be elected first prime minister or president?

On this issue, lawyervirtus Palushi said the Kosovo Constitution does not specify which one should be elected first.

However the Constitution has defined the institutional hierarchy, where the Parliament is put first, then the president, even after the president is put in place, this constitution has not determined the order of which of these organs should be elected first”, he said in Euronews Albania.

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