Osmani requested clarification on the appointment of members of the CEC, the Constitution: Unacceptable request, s '%s' meets criteria

The constitution says Osman's request does not meet the “sustainability criteria, as defined by the Constitutions and additional accuracy with the Law and the work regulation”.

“Taking into account that the conflict of competencies, in the circumstances of the concrete case, has been established in terms of a president's competence and which is not defined with the Constitution, but with the Law for the General Elections, the Court, based on the 1st paragraph 3th of its Constitution and judicial practice, stresses that the dispute of competencies has not been raised in terms of “constitutional setting” and therefore, is not met the second constitutional criterion in the context of establishing <x> the constitutional competency <quot> to the Constitutional president, Kui> to the President and to the Government. (see, Ko88/21 case, quoted earlier, paragraph 72)”, says the decision.

The Constitution says the president has not raised the issue regarding “constitutional operations”.

“Consequently, in the court's assessment of the concrete circumstances, the president of the Republic, although it is the party authorised to raise issues of conflict of constitutional competencies between it and the constitution, has not raised before the War Court of the “Constitutional References”, according to definitions of Article 1 of Article 113 of the Constitution, and therefore, the Court declares the request of the Presidents of the Unacceptable Republic of Kosovo<3>, the decision is said.