Will Vjosa Osmani violate the Constitution? CEC has no mandate to set election date

This week is expected to be crucial in terms of the political fate of four Albanian mayors of northern Kosovo, inhabited by Serb majority.

The Central Election Commission is expected to publish results from verification of signatures collected in these municipalities during January and at the same time decide how to proceed further.

But before such a process occurs by the Central Election Commission there is a confusion over which institution should decide on the date KEC or Kosovo President Vjosa Osmani.

Sources of the Persiscope Journal have said there are different positions within this institution itself who should set the date of the election.

According to these sources, the ruling Vetevendosje Movement has already split the mind that elections in the north should be appointed by the CEC.

But according to those sources with LVV are on the same line the two opposition parties the Democratic League of Kosovo and the Alliance for the Future of Kosovo.

Betim Joshi from the largest opposition party, once a former member of the CEC, has told Periscope that the only authority and institution that can proclaim any election date in Kosovo is the Kosovo presidency institution -- this first case of state, Vjosa Osmani.

“The sole authority based on the Kosovo Constitution for terming elections is the president of Kosovo. It must carry out its responsibilities to the Constitution. It is good that she and Prime Minister Albin Kurti do not put pressure on the CEC institution for announcing the date of the election”, Jooshi has said.

But can the Central Election Commission announce the election date?

Nor has former CEC head Valdete Daka been considered twice.

She has told Periscope that this institution has no right to set any date for election whatever they are.

“No, the CEC cannot issue a selection”, Dhaka said of Periscope.

CEC Chairman Kreshnik Radoniqi last week at the CEC meeting has spoken about this process, saying this week he will decide on the modalities of who will set the election date.

We're not all entirely ready with it, but next week will be final with the petition. No, the process is not over. So, next week we'll be at a meeting like this and we'll treat”, CEC Chairman Kreshnik Radoniqi said.

It remains very unclear who will set the election date.

This situation, Periscopi teaches, has brought confusion to the ranks of members of the CEC, as there is no agreement to proceed further unless this date is determined by Kosovo President Vjosa Osmani.

The 2008 Law on Local Self-Government has only seen the possibility that citizens will take initiative to oust the mayor and that the demand should be signed by 20% of registered voters.

Article 72 did, paragraph 2, does not indicate who should announce the voting process after 20% of citizens signed the petition, nor does it indicate on which legal basis this voting process should be organised.

Just this legal vacuum, the Government of Kosovo has tried to complete through an Administrative Guide, but not by sanctioning the law.

According to the MAPL Administrative Guide, “in the case the request is found to be supported by at least twenty percent (20%) of registered voters, the vote is organised for the municipality's departure from the post by CEC”.

But according to the same direction, the “voting process for the municipality's departure from the post is carried out according to procedures and rules for elections defined by the Law for General Elections and the Law for Local Elections”.

Article 72 of the Law on Local Self-Government is clear only in paragraph 3, when the page on what should happen after the <x0->most of registered voters vote for the removal of President”.

According to paragraph 3, the new <x0 presidential selections must be made in accordance with the Law on Election”./ Periscope