Forming new institutions how the process develops

The former head of the Kosovo Constitutional Court, Enver Hasani, says that immediately after the constitutionalisation of the country's new parliament, presidential election comes in line.

“Within the power organs does not belong to the head of state in the system of what we are, namely, the head of state, the president of the Republic, is not the power so it figures immediately after the assembly, as a symbol of unity. On the basis of that, and so it is in all other constitutions without exception, it is only natural to proceed after the assembly immediately with President”, he said.

The other reasons, Hasani says, is the fact that that post has remained empty first, so the president has had to be elected in fact since parliamentary elections.

Because he must not undergo electoral structures because neither the length of the mandate nor his choice relates to electoral processes, precisely because he receives a mandate from the assembly, which then serves as a symbol of unity by legitimising other executive organs and all other bodies in a chain manner based on the competencies he has”, Hasani said.

He says the new speaker of parliament, who will be elected on Monday, automatically becomes the president's task adviser. But this mandate cannot be exercised beyond six May this year, when it takes six months from the day former Kosovo president Hashim Thaci resigned.

If the six-month term passes, we destroy that institution and there can be no other way of legitimising other organs. Then chain-bounds are delegated as a result to other organs and we go back to zero”, he says of Voa.
Hasan says the failure of political representatives to elect the president, except that it automatically sends the country to new elections, would be a major and unforgivable mistake.

The problem is that it goes on automatism, but it still needs a formal decree that declares it declarative by the president, where is the president to do so? Or suppose after the mandated elections are certified, where is the president? Therefore, the Constitution has preceded, in our constitutional system, immediately after the assembly comes President”, he declares.

Hasan says that beyond that, it would not be appropriate to sabotage the formation of institutions, as if the winner did not find ways to channel that vote to the extent he has taken in order to form the quickest institutions on constitutional road.
According to the Kosovo Constitution, the president's election could go in three rounds.

The first two rounds must be in parliament's hall at least 80 deputies out of the total 120, while in the third round, there may also be 60 due to an earlier precedent that the Constitutional Court has created”, Hasani says.

The Vetevendosje movement does not expect to face difficulties forming the government, for which the adoption of at least 61 votes is needed. But challenging is the election of the president because of the votes it seeks.

This party, which has run the current leader of the president's office, Vjosa Osmanin, for this post, met over the week we are leaving all political parties behind to discuss forming new institutions, but has not secured support for the president's post.

Western diplomats have called on political parties to act constructively, work together for common interests, and put citizens' needs above political interests.