The KPK chief prosecutor's failure to respond to the process requires urgent treatment of Osmani pending Constitution

Kosovo President Vjosa Osmani is still on the table with the Prosecutorial Council proposal to decree Blerim Isufajn, chief state prosecutor. From the presidency, they say they are pending the Constitutional Court's decision, while the KKP calls for urgent treatment of the process.

Although it has been more than a year since the Kosovo Prosecutorial Council (KPK), has proposed Blerim Isufajn for chief state prosecutor, the decision on decreeing or not has not yet been made by Kosovo President Vjosa Osmani.

On eight April of last year, Blerim Isufaj, who heads Kosovo's Special Prosecutor, was elected by the Prosecutorial Council to become chief State Prosecutor. But the complaint commission found mistakes in the way candidates were recorded, and President Osmani has not yet signed it.

With the law in Kosovo, the chief prosecutor must be decreed by the president of state.

Until the president's office says they are pending the Constitutional Court's decision, on the other hand, the KKP expects the process of decreeing the chief state prosecutor to be dealt with urgently.

“President Osmani is awaiting the Constitutional Court's decision”, said in response to the presidency for Portal Dukajini.

For the prosecutorial system, the decree of the chief state prosecutor remains essential.

Kosovo's “Prosecutorial Council has asked the President's Office that the process of decreeing the chief state prosecutor be dealt with urgently to ensure the implementation of the Constitution of the Republic of Kosovo”.

“The Decreating of the Chief State Prosecutor is essential for the prosecutorial system and generally for the rule of law in the country, since the state and state prosecutor's institution need the head prosecutor with mandate and constitutional and legal powers”, the KPK's response is said.

On the other side of the Kosovo Institute for Justice, they say Kosovo's judicial system should address priority cases when dealing with important positions in institutions.

The constitution would have to be that in cases of high-ranking appointments such as State Prosecutor, or Supreme Court President, then don't let this process go to fair court, because they're taking a long time”, Ehat Miftaraj said of RTV Dukagini.

Meanwhile, from the Foll Movement, they say procrastination of this process harms the prosecutorial system.

I definitely consider that there is no very strong reason for procrastination, of this process, and as we have said in the past that the president should give an epilogue to this process, whether at zero point, or with the approval of this candidate”, Medition Demolli has said.

Unlike the 60-day legal deadline for executing prosecutors, Kosovo's president does not have any constitutional and legal deadlines for the appointment of the chief state prosecutor.

The Constitutional Court on July 4th had declared the two candidates' demands for the chief prosecutor, Albanian Fazlius and Armend Hamit, who rejected the constitutionality of the April 6th 2022 decision by the Kosovo Prosecutorial Council for the Proposal of Blerim Isufaj in the position of chief state prosecutor.

In the report sent to the media, the Constitution had clarified that the appropriate “requests were declared unacceptable on procedural grounds, because pre-decisors of requests have not exhausted the legal means as defined in Article 113's paragraph 7 of the article 113. [Juridication and Authorised Pals] of the Constitution of the Republic of Kosovo”.

Candidates who complained at the tribunal, which is the highest control over legislative and executive power in Kosovo, were ranked second and fourth in the race for the chief prosecutor.

Albanian Fazliu and Armend Hamiti on April 28th and June 6th addressed the Constitutional Court, respectively, with the claim that the KKP's <x0K's decision of selection of Blerim Isufaj had violated their guaranteed rights and freedoms with the Constitutions and the European Convention for Human Rights”.

Meanwhile, former State Chief Prosecutor Alexander Lumez has expired his mandate on April 21st.

Currently, the task leader is Besim Kelmendi, who has full powers for the chief state prosecutor.