Krasniqi: Postponing elections in the North is not in harmony with Constitution

According to Krasniqi, this decision does not belong to the President, as he says it has no competence.

He says Osman would have to declare a state of emergency in these four municipalities first, and then make a unanimous decision with the Parliament deputies.

The president has no authority to postpone the announced elections with a decision, despite the consent he has received from political parties. To be in line with the Constitution, it has been easier for the president to announce the state of emergency of these four municipalities because there is internal danger to constitutional order and public safety; and then to take over the favour of the Parliament with the majority of votes of MPs present and vote; or to establish a temporary legal base allowing the postponement of the” elections, he wrote on Facebook.

With President Vjosa Osmani's decision, elections in the north have been postponed for 23 April next year.

Krasniqi's full submission:

The announcement of elections in the four municipalities in the country's north has been wrong since the beginning!
Beyond the inability to provide security for the acters in the election, it would also be the legitimacy of institutions stemming from such an election process.

During this time, the Presidency and Government have acted as though holding elections in the north is a simple technical process with which the CEC should be taken.

Postponing elections is a reasonable act, but that entails naiveness and weaknesses of institutions. First, because they were unable to assess the situation correctly in the field; and second, because they were unable to stand behind their decision.

Despite that, postponing the announced election date is not even in harmony with the Constitution. The president has no competence to postpone announced elections with a decision, despite the consent he has taken from political parties. To be in line with the Constitution, it has been easier for the president to announce the state of emergency of these four municipalities, as there is internal danger to constitutional order and public safety; and then to assume the favour of the Parliament with the majority of votes of MPs present and voting; or to establish a temporary legal base allowing the postponement of elections.

There are laws and institutions in this country that need to be respected regardless of the situation. Thus, there are dangerous precedents that can be abused in the future.