Hasani: If the president is elected after March 5th is a violation of the Constitution, VV) is aiming for Haxhiu to make W. D

Hasani: If the president is elected after March 5th is a violation of the Constitution, VV) is aiming for Haxhiu to make W. D

Professor and former head of the Constitutional Court, Enver Hasani, has said that if the president is elected after 5 March, it would be a flagrant violation of the Constitution. In an interview for the Nacional newspaper, Hasani has stated it is true that it is not going to elections by automatism if a 30-day deadline for electing the president is violated. However, [...]

In an interview for the Nacional newspaper, Hasani has stated it is true that it is not going to elections by automatism if a 30-day deadline for electing the president is violated.

However, he has stressed that any presidential election after March 5th is a violation of the Constitution.

“Such an election is certainly unconstitutional, because it directly conflicts with the clear constitutional provision ordering the election of president 30 days before the actual president's mandate expired. However, if such a decision is not challenged in the Constitutional Court, then the new president, elected after March 5th, takes office tomorrow when the mandate expires to Mrs. Vjosa Osmani”, Hasani has said.

Hasan further stressed that the country goes to elections with automatism when no candidate gets 62 votes, provided 80 MPs have participated in the vote.

The idea of the VV for the process to be suspended and provisional measures required at the Constitutional Court, Hasani calls it abuse. According to yours, the goal is for Haxhiu to become the President's Witch.

The “is a clear sign of the intention for abuse and violation of constitutional order, as the LVV has done throughout the past year and in most of its political activity. The deadline has not yet been violated. The president must be elected! There is no need for violations of the Constitution of Kosovo through destructive reinterpretations, which are always possible”, Hasani said.

Professor Hasan, we had a claim by former Minister Blerim Saquan, who said the country does not go to the elections automatically unless the president is elected as a result of the parliamentary inaction at the session. Can you relax?

HASANIA: It's true what Mr. Sacha said. According to the Constitution, you do not go to elections if for any reason Location Enters the grey zone of thirty days before the end of the current President Vjosa Osmani's mandate. The only case when at this stage it could go to the polls is if there was an absolute consensus for such a thing, but it would have to be done with the distribution of Kosovo's two-thirds of the vote. So again, not with automatism as a result of violating the 30-day deadline before the actual president's mandate expired.

In what cases does the country go to elections, in terms of the state president's situation?

HASANIA: In any situation when neither of the two or more candidates wins the absolute majority of 62 votes, provided 80 MPs have participated in the first two rounds of voting.

How did you comment on Sa God's idea that the process should be suspended if MPs do not stay in the hall and seek clarification or interpretation by the Constitutional Court?

HASANIA: It is a clear sign of the intention for abuse and violation of constitutional order, as has LVV throughout the past year and the vast majority of its political activity. The deadline has not yet been violated. The president must be elected! There is no need for violations of the Constitution of Kosovo through destructive reinterpretations, which are always possible. In the constitutional practice of the countries of Europe, there is a major doctrine of the loyalty to the Constitution, which must be applied by all. Unfortunately, LVV has a dark story in this direction.

If the president is elected after March 5th, is this decision - making with automatism a constitutional choice?

Such an election is certainly unconstitutional, because it directly conflicts with the clear constitutional provision that orders the election of president 30 days before the end of the current president's term. However, if such a decision is not challenged in the Constitutional Court, then the new president, elected after March 5th, takes office tomorrow when the mandate expires to Mrs. Vjosa Osmani.

Does it mean that MPs who don't stay in the hall when they vote for president violate the Constitution?

HASANIA: The violation and abuse of the Constitution is when the party, which is likely to propose two or more candidates -- alone or in coalition with others -- does not do so. Without this situation happening, it cannot be known whether MPs participate in the vote or not. The Assembly, as it is known, has quorum when 61 MPs are present.

How do you assess, is another political crisis being targeted, turning the Constitutional Court into an address for other interpretations?

HASANIA: Without a doubt, the purpose has been to exceed the 30-day deadline and to assume the position of the head of state through the Court of Task, which according to the Constitutional Court's Constitutional Act in the Pacolli case belongs to Lady Albulen Haxhiu.

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