Surroi: No constitutional criteria were met for distribution of the Assembly

In a Facebook post, he has said the president has constitutional authorisations -- specifically defined -- to distribute the Kosovo Republic Assembly in three cases.

“Unless the Government is formed within 60 days of appointment of the candidate for prime minister, if two-thirds of the deputies vote for the distribution of the Parliament and if the president/it is not elected within 60 days of the start of the procedure for his election. These three are added to the government's successful vote of distrust. None of these conditions were fulfilled on March 6, when the decree for the distribution of the” was issued.

He has estimated that the president/ja has no disrepute competence to interpret its competencies beyond what the Constitution stipulates and to intervene in the processes of other powers.

“Declarations of the existence of an institutional deadlock, of actions of irresponsible persons with dangerous intentions, or of an alleged obligation to act in defense of constitutional order, do not create new constitutional competencies and cannot replace conditions defined in the Constitution for the exercise of a specific component”, Surroi wrote.

He has said that even in the case of the state of emergency, the president does not act alone.

The “Decret agreed with the prime minister is cancelled unless approved by the Assembly within 48 hours. Kosovo is not in a state of emergency, and even if it were, the president's actions remain limited by the constitutional control of the” Parliament, Surroi has written.

According to him, competency for the distribution of the Parliament is one of the most powerful competencies in the constitutional system, because as he has said, it breaks down the mandate of popular representation, changes institutional order and leads to new parliamentary elections. The exercise of this partnership without the relevant constitutional conditions, according to Surroi, constitutes direct violation of constitutional order.

The “Decret announced on March 6th constitutes intervention in the functioning of legislative power and in the institutional barrier defined by the Constitution. As a result, there is reasonable expectations for the decree to be determined as an act contrary to the” Constitution, Surroi wrote.

He has said there must also be reasonable expectations that, until a final constitutional assessment, implementation of the interim measure decree by the Constitutional Court of the Republic of Kosovo will be suspended. Kosovo's “Assembly must continue to exercise its constitutional functions and fulfil the obligations belonging to the Constitution”, it has written.

President Osmani has said that the constitution is based on articles 82 and 86. Article 82 check that one of the cases when the Assembly can be distributed is whether, within the 60-day deadline, from the start of the election procedure, the president is not elected. And that 86, that the election of the president should take place no later than 30 days before the end of the current president's mandate.

Osman's mandate ends April 4th.

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