a few seconds agoThe new Law on Government tasks Kurti and the ministers who won the votes for MPs to resign from their positions”
Periskopi(a year ago)
(a year ago)Under the Law on Government that entered force in November 2022, all members of the government cabinet presiding over LV head Albin Kurti, who have managed to win enough votes to elect deputy, must resign from their positions before the election results are certified [...]
Article 26's first point of this law, says that in the event a member of the incumbent government is elected deputy of the Republic of Kosovo Parliament, the same should resign from the post of member of government before the day of certificate of election results.
In addition to the Law on Government, this issue is adjusted to the Constitution of the Republic of Kosovo, where it is clearly specified that the exercise of two positions at the same time is impossible.
Article 70 of the Kosovo Constitution for “The parliament's mandate” explains that the MP's mandate begins on the day of the output certificate.
The Kosovo Assembly MP's “mandate begins on the day of the Certificate of the election score”, said at point 2 of this article.
At the same time, it is explained that you cannot at the same time be an MP and a member of the government cabinet.
“The MP's mandate ends or becomes invalid if: (1) it does not swear; (2) resign; (3) it is appointed a member of the Government of Kosovo;”, said in the Constitution of the Republic of Kosovo.
That they should resign a day before the certificate of results of the February 9th elections, Eugen Cakoli from the Kosovo Democratic Institute says.
Chocolate has clarified that most members of the current government cabinet, who have won mandates, must resign from their position on the day prior to the confirmation of the results, passing Government on the status of “duty government”
Calcolly has said such a legal definition is to avoid incompatibility, since the Constitution also stipulates that someone can be a member of two powers, legislative and executive, at the same time.
The goal of such a legal arrangement is at the constitutional session, not to have cases of incompatibility in the exercise of office, since the Constitution and the laws in force, determine that someone cannot simultaneously be a member of two institutions of various powers -- in this case the legislature and executive” -- Calcoli said.
Ehat Miftaraj from the Kosovo Institute for Justice has said the Law in question should clarify the provisions of the Constitution and make it applicable.
“In the concrete case the law has come out of the Constitutional framework, creating situations and institutional vacuums from the MP's oath until the election of government”, Miftaraj has said of Express.
From the current government cabinet, enough votes for MPs have been won by Albin Kurt, Donika Grevalla-Scharez, Faton Peci, Jedal Svecla, Albulen Haxhiu, Ejup Macedonia, Hekuran Murati, Hajrula Ceku, Arben Vita, Arberie Nagavci, Rozret Hajdari, three ministers who are from the minority community who have managed to become deputies, Elbert Krasniqi, Nenad Raspi, Dorarim, and third prime minister, Emily Rexhepi, broadcast. Periscope.
Infrastructure Minister Lieburn Aliu has taken part in the February 9th elections, and also Deputy Prime Minister Besnik Bislimi S '%ka was part of the election process.
