Kosovo lawyer: Osman's decree to distribute the Assembly is in defense of constitutional order

Kosovo lawyer: Osman's decree to distribute the Assembly is in defense of constitutional order

Lawyer Xhevdet Smakqi has commented on Kosovo President Vjosa Osmani Sadriou's decision to distribute the Parliament and announce extraordinary elections, as the attempt to elect the president on the constitutional deadline failed, writes Periscopi. In a proposal for Periscope, Smakqi stressed that the president's decision was made following the collapse of the Parliament for him [...]

In a proposal for Periscope, Smakqi stressed that the president's decision has been made following the decision by the Parliament to fulfil the constitutional obligation to elect the president within the set term.

The President's “Decret for the distribution of a Parliament, unfortunately newly dedicated and that failed to meet the constitutional obligation to elect the president of the Republic of Kosovo to constitutional terms under Article 86, par. 2, is fair, accurate and in defense of constitutional rule.”, he said.

He said that in this situation any president in office would be forced to do the same.

“There is no dilemma that it does not matter who issued the decree; any name that would be president today, in 06.03.26, in this failure of the Parliament to fulfill the obligation of Article 86, par. Two would be forced to issue this decree, as was Mrs. Vjosa Osmani Sadriu, who must be commended for defending constitutional law in this vital case.”, Smakqi said.

Smakqi also stressed that, according to him, there is no need for interpretation by the Constitutional Court on this issue.

No interpretation, even though it may be applied by political parties in the Constitutional Court, is neither necessary for Mrs. Vjosa Osmani, for Article 86, par. 2 is the decidatory, explosive, cocizen, closed and crystal-clear arrangement as the obligation of the Parliament and the obligation of the president.”, the lawyer said.

He added that if the president did not exercise this competence, constitutional order would be jeopardised.

If Mrs. Vjosa Osmani Sadriu would not apply its competence under the obligation of Article 86, par. 2, of the Constitution of the Republic of Kosovo, then would make constitutional violations, and institutionalist parties should also initiate criminal speculation against Mrs. Vjosa Osmani for failing to control the powers of Article 414 KPRK's, since the consequences would be attack, stick or coup on constitutional rule and slide into anarchy.”, he told Periscope

In the end, he called on political parties to prepare for elections and respect the country's constitutional rule.

“Therefore let the parties prepare for elections and no further challenge the constitutional judicial order that we have with strong competition that no party or individual manages to make this republic, built with blood, sacrifice and with the support of allies, top of the US.”, he said.

Rusting after these developments at the conference is expected to leave incumbent Prime Minister Albin Kurti, who did not attend the meeting of political leaders called by Osmani to consult the election date.

AAKA chief Ramush Haradinaj suggested after meeting with the president that possible election dates discussed during this meeting are 5, 12 April and 19 April./ P ERISCOPI/

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