In anticipation of the Constitutional Court's decision, what does the 60-day deadline mean?

In anticipation of the Constitutional Court's decision, what does the 60-day deadline mean?

The Constitutional Court is expected to soon make a decision regarding the presidential decree issue and the process of electing the head of state -- a development considered key to overcoming the current institutional stalemate in the country. This query is currently under consideration. The decision will be made after all aspects [...] are considered

This query is currently under consideration. The decision will be made after all constitutional aspects of claims made in the request by the pre-torge, in accordance with the Constitutional Court, the Law for Constitutional Court and the rule of the work of Court” are considered, the Kosovo Constitutional Court for FrontOnline says in response.

At the same time, it has been reported in the media that this court's possible decision could include a 60-day deadline for Prime Minister Albin Kurti in order to give space to institutions for electing the president and avoiding a deeper political crisis.

On this issue, connoisseurs of the Constitution have come out with attitudes, interpreting the legal basis of such a deadline and the role the Constitutional Court may have in orientation of political solutions within the constitutional framework.

Former Constitutional Court Judge Kadri Kryeziu, for FrontOnline, has estimated that the president's decree to distribute the Parliament has been in line with the Constitution, while the Court's possible decision on a 60-day term aims to preserve institutional balances and avoid irreparable consequences.

According to Kryeziu, the role of the Constitutional Court is to ensure the right functioning of constitutional order and maintain balance among state institutions.

The President's Secret has been legal and legitimate. The Constitutional Court is tasked with maintaining state balances. If it has considered that the implementation of this decree has irreparable effects, then it has made a guiding decision to give space to political subjects for electing President”, it has declared.

He has stressed that President Vjosa Osmani has not committed constitutional violations, arguing that its actions have been based on constitutional provisions.

“Not absolutely, Osman did not commit constitutional violations, because there was no other choice, even under Article 85, Article 6 of the Constitution”, Kryeziu said.

Constitutional Law Professor Kole Krasniqi has commented on FrontOnline's recent developments about the Constitutional Court's possible decision regarding the 60-day term for electing the president, stressing that this deadline is directly linked to the start of the parliamentary procedure.

According to him, the 60-day deadline should be calculated from the moment the procedure for electing the president was launched, namely when candidates were submitted and verified by the relevant Assembly Commission.

The procedure began at the moment two candidates were submitted, and parliament's verification commission has found they meet the criteria for elections. From that moment on, the deadline begins to run up to 60 days”, Krasniqi declared.

He stressed that, although the Constitution does not explicitly define this deadline, in practice the 60-day period as a constitutional standard is respected.

The constitution has not given it a short term, but the 60-day deadline has been respected, despite different interpretations. The Constitutional Court has only implemented these constitutional rules”, he said of FrontOnline.

Krasniqi has also estimated that the president has acted in line with its competencies, arguing that the Kosovo Assembly has failed to proceed in time to elect the head of state.

The president was right, since the Parliament has not long prosecuted the president's election. However, the Court has two options and appears to be trying to find new solutions in this” situation, he added.

In the end, Krasniqi warned that current developments could lead towards a political epilogue with new elections in the country.

“I believe there will be new elections”, he concluded. /Periscope

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