Hasani: Osman's decision to sack Daka clear constitutional violation

Hasan, in a proposal for Time, has counted several reasons why Osman's decision is unconstitutional. He also described it as a fear - inspiring message to other independent bodies.

This is a clear constitutional violation and for several reasons. In the first place, the president of the Republic in no country that has constitutional parliamentary democracy with the republican system cannot dismiss to itself any member of the body that organises and prepares the holding of elections. This warning belongs to the appointed authorities. Only when these authorities fail, then the president of the Republic, in consultation with them, can make the choice and appointment of a suitable candidate. In all other cases, Presidente has only the right to name, not to solve. That's because the president should make the necessary consultations on such a thing with the appointment authority of CEC member”, Hasani has said.

According to him, Kosovo president and any president belonging to a constitutional parliamentary democracy have no autonomous decision making.

Each appointment and download (each decree) makes it part of a legislative decision-making. So it is with the CEC (which in other countries has different appointments, but the function is entirely the same as the CEC in our country). Second, at the top of the CEC there is a professional who, for elective authority, has a judicial body that is the most appellate instigating or instigating in the Kosovo judiciary. So it is outside Kosovo, in other countries. For this reason in the Constitution of Kosovo (August 84.26) The president gives the president the right only to appoint the CEC leader, which means to accommodate the election made by the Appeal, or Supreme of Kosovo”, Hasani has added.

He says the president of the Republic is not a organ or institution of the fact, and there are neither mechanisms nor constitutional authority to judge dynamics and events within the CEC -- and less according to him -- to assess the integrity and work of members of the CEC, including its leader.

The president is not a law enforcement body, but a implementation of the constitution. The fact analysis of the CEC's work is made by members of the CEC and the appointment authorities. The president should consult with them only in cases where authorities in question propose a suspension of the mandate, never leading with their assessments to the appointment authorities (in this case the Supreme Court as the appointment authority of Mrs. Valdete Daka)”, Hasani has indicated.

He has also criticised the contents of the decision on the dismissal of Daka. He says he's used unconstitutional.

The last “, text of the decision, uses unconstitutional and non-legal expressions, such as assessments of political processes that were not written in writing at the time of the event, and this constitutes pure referees. In addition, neither the Constitution nor the Law for Elections nowhere speaks of release from office, as they do not forge in any country the president's right to make assessments of the CEC's work. So it is everywhere in neighbouring countries with Kosovo and elsewhere in Europe, which have constitutional constitutional democracy”, he said.

Professor Hasani says that with today's decision, there has been a frightening message sent to other independent bodies.

This represents a political arbitrator who undermines legal security and rule of law because it conveys a message of intimidation to other independent organs of the constitutional system, in particular to the justice organs and judiciary that this awaits them unless they become obedient”, Hasani said.

Today, President Osmani dismissed Daka after a meeting she had with her, arguing she has failed to be an independent force within the CEC. Instead, Osmani has named Kreshnik Radonijqi for new leaders.

Daka's dismissal has also been criticised by opposition parties and civil society.