Hasani: Constitutional I can't find any arguments in favour of President Osmani

In a response to Online Economy, former Constitutional Court Chairman Enver Hasani has said the Constitutional Court cannot find any arguments in favour of rationalising President Osmani's decision.

I don't prognosis because the interpretation of the constitution is done according to professional rules, never political. On the basis of that, I can say with great confidence that the Constitutional Court cannot find any argument in favour of reasoning on the decision of the President of the Republic. That's for some reason. In the first place, the Kosovo Constitution is very clear because it says the president appoints the CEC leader. Nowhere does it say you download it, relieve it of duty or interrupt its function. The competencies of the president of the Republic are assigned only to the Constitution, never with laws or other acts lower than the Constitution. This is the fundamental parameter for assessing the constitutionality of the President of the Republic's decision.

In the second row come the parameters involving constitutional solutions in the countries of the world, which have constitutional system such as Kosovo in terms of the role and constitutional position of the election manager, which we call the CEC and find, has different names of”.

Kosovo enters the group of countries that this body regulates with the Constitution, so the CEC is a constitutional category. The Constitutional Court cannot find any constitution in any other country where this body is treated as a constitutional category, so that the head of state will be eligible for the dismissal of the election management body under its autonomous assessment. Why? Because the head of state in a constitutional parliamentary democracy, such as Kosovo, is not a fact-discovering organ or agencies law enforcement, but a precise implementation of competencies granted under the national constitution. No authorisation of the president of the Republic can be autonomously exercised, because everything he decides is in the form of chain decision-making: I cannot appoint constitutional judges, without the proposal of the Parliament; I cannot appoint ambassadors, without MPJ proposals and other bodies; I cannot appoint the chief prosecutor of state without the Prosecutorial Council's proposal; I cannot appoint the Supreme Court's chairman, without the Constitutional Council's proposal and so forth”.

On the other hand, Hasani says any proposal for dismissal should come from either the chairman or the CEC members.

This is also true in other countries. This implies that any proposal for dismissal and suspension of office should be derived from the authority that has dominated Mrs. Daka or by the members of the CEC itself. The president of the Republic then appreciates those facts that others have produced and decided, never as Mrs. Osman has done in his mind. No vertical link between the president of the Republic and the CEC Chiefs does exist. He reports to the Kosovo Assembly”, he said.