Can Vjosa Osmani decree the chief state prosecutor at the end of the term? What Lawyers Say

Lawyer Jevdet Smakqi has stated for Periscope that, in a formal and constitutional respect, President Vjosa Osmani's mandate remains effective until April 5th 2026.

“in the constitutional legal sense the overwhelming mandate of the president is effective by 05.04.26 and there is no obstacle limiting constitutional competencies, without excluding the decree of Chief State Prosecutor”, Smakqi has declared.

However, he has stressed that political developments have influenced the exercise of these competencies. According to him, the president himself has publicly acknowledged that there have been arrangements for setting the election date with Vetevendosje Movement chairman, what, according to Smakqi, tells of political influence in decision making.

He also cited the fact that Prime Minister Albin Kurti had rejected the decree of Blerim Isufaj as chief state prosecutor, the candidate proposed by the Kosovo Prosecutorial Council.

Under his decree, the president would testify that she has taken herself out of political dictatorship and would benefit the state by exercising constitutional competencies autonomously”, Smakqi said.

The same line has been expressed by attorney Skender Musa, who says the Constitution does not foresee any ban for the president to exercise its powers even at this stage of mandate.

The president may exercise his powers, as well as the chief prosecutor's constitutional provisions see no stop for the president to appoint Kosovo Prosecutorial Council and Judicial Council nominees. Under the constitutional provisions there is no stop, because it has a 30-day mandate of”, Musa has declared Periscope.

According to him, as long as the president's mandate has not ended, it has the right to exercise all competencies defined with the Constitutions, including the decree of officials proposed by justice institutions. /Periscope/