“The CEC has completely lost credibility”, Valdete Daka: Today's decision is unconstitutional

“The CEC, today, has completely lost credibility”, Valdete Daka, former head of the Central Election Commission, said today.

Daka, in a statement to Paparac on Friday, said the Central Election Commission has committed constitutional violations with the appointment of voting for the dismissal of the mayors of four northern municipalities: Northern Mitrovica, Leposaviq, Zvecan and Zubin-Potok.

The former chairman, whom President Vjosa Osmani suspended his mandate at the helm of the CEC in June 2021, has expressed regret over the election institution “, which has so far been constitutional”.

I have been dismissed for implementing a Constitutional Court act, while today the CEC violates the Constitution” itself, Dhaka said on Friday. “This decision is unconstitutional and it's a pity that an institution which has so far been constitutional has lost full credibility”.

According to Daka, the commission she has been running for 13 years has no competence of action that stems from the General Election Law, or local ones.

She told Paparac that today's decision sets a new precedent -- it is the first time the CEC passes its competencies and decides for itself on an issue that has no competence.

“The CEC has the only constitutional task that it has and competence based on the Law for General Elections and Locals, based on the Law on General Elections and Locals, and such referenda, which are ahead with administrative directives, or on the Law on Local Self-Government, have no competence. The CEC as a constitutional institution is the first time it takes the courage to decide for itself something it does not have the competencies of”, Daka said.

The president who has decided today the CEC, though suspected as anti-cooperative, could lead to other votes for the dismissal of mayors in the south.

This has never happened and is a dangerous precedent because every time someone likes to initiate mayoral dismissal procedures, and not only in the north because this instruction is not said to be used for the four mayors in the north, but this guide can be used for all Kosovo mayors. So, whenever someone likes, he can initiate the dismissal of mayors. For example, this could happen tomorrow, even the mayor of the Pristina municipality”, she said.

According to Daka, the dismissal of mayors in the four northern municipalities currently cannot be done based on current laws in force.

This situation is practically inconsistent at the moment”, she said.

Daka stressed that there is still no Law on the referendum and that an administrative guide cannot replace the Law.

So it can't be because this is what any minister who gets and compiles an administrative guide can give a CEC authority and the CEC then act. That's the way to explain it. It means, the Ministry of Environment says that the CEC should make a vote whether to gather flowers in Pristina or not, and the CEC then appoint a vote on whether those flowers should be collected, or not”, Daka said.

The Central Election Commission has committed constitutional violations with the appointment of the date for holding the vote for the dismissal of mayors in four municipalities in the north, northern Mitrovica, Leposaviq, Zvecan and Zubin-Potok.

On Friday, the CEC decided to hold the vote on April 21st.

Out of ten members, including four representatives of opposition parties, did not oppose the voting process for the dismissal of Albanian leaders in the north, though the process is allegedly illegal and unconstitutional.

The vote will be realised based on the Law on Local Self-Government and administrative directive for the dismissal of mayors in the north, which the Ministry of Management of Local Power has drafted.