PDK comments on the presidential election session: Session attendance cannot be imposed

That claim has been expressed through comments the parliamentary group of this party has sent to the Constitutional Court in the case filed by Parliament Speaker Albulen Haxhiu and 10 other MPs, concerning the issue of assessing the constitutionality of the Kosovo Republic of Kosovo's election procedure and the lack of quorum at the session held in 05.03.2026.

Presented by Progress Gruda, PDK deputies estimate that the request put forward by the Speaker of the Parliament and other MPs is legally unbaised and, as such, the “is declared unacceptable. ”

In comments by the PDK handed over to the Court, it becomes known that Haxhiu and others have demanded that a temporary measure be set for the suspension of constitutional deadlines for the president's election.

“Predators claim that the refusal of certain deputies at the session to elect the president constitutes violations of the constitution and ask the Constitutional Court to assert the obligation of MPs to participate in the vote and not prevent the creation of quorum” is explained in comments by the PDK, which Kalxo.com has provided them from an MP of this party.

Claims of petitionors, The PDK describes it as unbacked legally because “The court cannot force MPs to act specifically in the exercise of parliamentary office”.

The “constitution in Article 70 stipulates that MPs are the representatives of the people and exercise their mandate in a free manner, in accordance with the Constitution and laws of the Republic of Kosovo. From this provision comes the fundamental principle of the free parliamentary mandate, under which the MP cannot be legally obliged to act in a certain way in exercising his parliamentary post” is said in PDK comments addressed to the Constitutional Court.

The PDK has also included in comments the Venice Commission's opinion on an amendment to the Romanian Constitution, where it was proposed that mandate be taken over to MPs who do not stay at the hearings.

The Venice Commission, in CDL-AD Opinion2002)012, analyses a proposed amendment to the Romanian Constitution, which envisioned that if MPs are missing in the tow hearings, the mandate is received, it stated: Further steps to predict leaving the post are clearly excessive and even unmet. The only legitimate sanctions a elected representative can receive must come from the electorate. It is the electorate that may not re-election the member after the term ends if he has not conscientiously exercised his task. In a democracy, elected representatives have autonomy in the way they exercise their mandate. Political action can follow different paths, and participation in sessions is not the only form of political action.” Similarly, in CDL-AD/2024) Opinion, the Venice Commission has stated that: “...) there can be no exception to the fundamental principle of representative democracy, under which the political mandate of MPs is free and irrevocable, and MPs cannot be legally forced to vote in a certain way”.

Based on the position of the Venice Commission, The PDK stresses that participation or non-participation remains in the will of MPs that they exercise the mandate and “cannot be transformed into a constitutional obligation through judicial interpretation. ”

As a result, PDK deputies estimate <x0juridically unsubstantiated” and “without object” in content for Albulen Hadziu and 10 other deputies.

“However, the requirement for such a move is legally unmanaged, because it was submitted on March 5, 2026, the very day the constitutional deadline for the election of the president of the Republic of Kosovo under Article 86 paragraph 2 of the Constitution was completed. The provisional measure can only affect a judicial situation that is still under way and a deadline that is still running. In concrete cases, the constitutional deadline had ended at the moment of submitting the application. ”/callos/