At least two candidates needed in the race for president

At least two candidates needed in the race for president

As of November 5th 2020, Vjosa Osmani has been a deserter of the Kosovo president's office after Hashim Thaci resigned from the post as a result of the arrest of the Specialised Chambers in The Hague. Kosovo parties have not yet reached any political agreement as to who should be head of state for 5 years [...]

At the same time, there is only one name left in the race for the post of president.

Vjosa Osmani, U.d. The president's, backed by Albin Kurt's Vetevendosje Movement, is the politician who is aiming to become the second woman after Atifete Jahjaga chief of the Presidency.

Although during the elections Ramush Haradinaj, chairman of the Alliance for the Future of Kosovo, had demonstrated his ambition to become president, he has already indicated that he has given up his intention to take over the presidential post. That is due to his party's poor election outcome.

After meeting with Kurti and Osman in the country, former commander of The KLA said the AAK does not have the votes to create the two-thirds necessary to elect the president.

While the Democratic Party and the Democratic League of Kosovo have so far failed to present any name as a candidate for president.

But in order to be elected president of Kosovo, Osman will have to be in the race as an opponent, at least formally another candidate, because the president's election procedure requires that, during the country's first vote, there be two candidates for president.

The former chairman of the Constitutional Court, Enver Hasani, has said he cannot proceed by vote with only one candidate.

” cannot only be processed with a candidate. It's the necessary criterion and we've clarified it in Pacolli's case with the indictment”, Hasani told Reporter.net.

That the running of two people on the day of voting for president is the necessary procedural criterion, says even the professor of constitutional law at Pristina University, Florent Mucaj.

The university professor says on the basis of the Constitutional Court's interpretation in the case of Behgjet Pacolli, proceeding with only one candidate could be declared against constitutional.

” Fryma and the letter of the Constitution, reflected in Article 86 of the Constitution, constitutes the necessity for more than one candidate/a position of president of the Republic of Kosovo to be in the race. So has the Constitutional Court. The Constitutional Court Act, KO 29/11 (Rasti Pacolli) by interpreting Article 86.5 of the constitution, comes to the conclusion that the race for the president's position should be at least two (2) candidates, otherwise the process could be declared against constitutional”, Florent Mucaj said.

Mucaj warns that the president must be elected no later than 30 days before his mandate ends.

But the Constitutional expert has a clarification on the matter.

” The constitution stipulates that the new president must be elected no later than thirty days before the end of the current president's mandate. However, the 30-30-day deadline does not mean that the new president cannot be elected even earlier than this period. The 30-day deadline, set with the Constitution, imposes the Assembly, which in the maximum 30 days before the end of the current president's mandate, will complete the procedure for electing the new president. In the context of the current circumstances, this 30-day deadline means 30 days before the end of UD's 6-month term President”, Mucaj told Reporter.net on Tuesday.

The Constitutional Court in paragraph 68 in the case of K029/11, known in the opinion as Pacolli case, had determined that there must be more than one candidate for electing the president of the Republic of Kosovo in order for the voting procedure to be put in motion.

While regulating Kosovo's Parliament says that for president, each citizen of the country can declare candidacy, which ensures the signing of at least 30 deputies.

To become president, the candidate must get two-thirds of the parliamentary deputies' votes.

If the president's election fails in all three rounds, then the distribution of the Parliament and election organisation are envisioned within 45 days of the Parliament's distribution day.

We remember that in the indictment in Pacolli's case, the Constitution has determined that it is the constitutional responsibility of MPs to stay in the hall when voting for president.

However, the Constitutional Court had not preceded any sanctions if MPs did not stay in the hall.

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