“Albulena Haxhiu leads the presidency as W. D”, what authority is there if the president's election fails again?

“Albulena Haxhiu leads the presidency as W. D”, what authority is there if the president's election fails again?

With the Constitutional Court's deadline for electing the approaching president, Kosovo faces a significant and sensitive moment for institutional stability. If the Assembly fails again to elect the head of state, the country could enter a new election cycle, which could have direct consequences for [...]

If the Assembly fails again to elect the head of state, the country could enter a new election cycle, which could have direct implications for political stability and the functioning of institutions.

Lawyer Ardian Bajraktari, in a pronomation for Infocus Journal, has stressed the legal and constitutional consequences that may result in the president's non-election, Periscopi broadcasts.

He has clarified that everything is already legally clear and there is no room for other interpretations.

According to him, the Constitutional Court's recent ruling has given MPs a clear opportunity to fulfill their obligation.

The constitutional court with the last decision has given MPs an additional opportunity to meet their obligation in the 34-day term to elect the country's president. Failure to meet this obligation within this deadline implies the failure of the Assembly and subsequently distribution according to the Constitutional Power, and therefore the country goes to early elections, which must be held within forty-five (45) days”, Bajraktari stressed.

He has stressed that he currently sees no need for further intervention by the Constitutional Court, praising that the situation is already legally clear.

“As far as this case is concerned, I do not appreciate that there is room for interference by the Constitutional Court. The obligation is clear, and the consequences are also clear if the obligation is not met. However, it will remain to be seen how political subjects will act, especially the winning political subject of the elections,” has expressed it.

Bajraktari has added that failure to elect the president within the deadline would automatically create grounds for the distribution of the Assembly and holding new elections.

The “Do not elect the president/e within the 34 days deadline that the Constitutional Court has given to the Parliament, the country according to the Constitutional Power goes to the elections, which the President's Task Agent has the obligation to announce early elections”, the poet Bajraktari.

He has also clarified that in the transition period, the president's post is assumed by Parliament Speaker Albulen Haxhiu, who has no restrictions on exercising presidential competencies.

After the end of President Osmani's mandate, the Republika President's duty, according to office, is taken up by the Speaker of the Parliament. For the period during which it exercises this post, which, according to the interpretation of the Constitutional Court, could last to six (6) months, and that no constitutional or legal restrictions exist in terms of exercising presidential competencies”, Bayraktari has been linked to.

On the other hand, as the deadline set by the Constitutional Court is approaching, the main political parties in Kosovo have still made no moves towards reaching an agreement on the election of the new president, despite a week since the start of a month's deadline set by the country's highest court on the issue.

In a statement after the government meeting, Prime Minister Albin Kurti even addressed reporters, saying there is still time for this.

On the basis of the Constitutional Court's bias, if I'm not wrong, we have until April 28, which means we have 30 days. So it's not three days, it's 30. But we will try to do as much as possible,” he said.

He added that to start discussions with the opposition, initially needs “internal consultations”, but that so far, from the day Kurti made that statement, these consultations have not been realised.
So, since March 30th, there has been no meeting of the ruling party's leadership where it might have been discussed the president's case.

We remember that last week, the Constitutional Court gave lawmakers 34 days to elect the head of state. By contrast, the country will go to early elections, which should be held within 45 days.

The mandate of the current president, Vjosa Osmani, ends on April 4th, and lawmakers now have until April 28th to elect its successor.

However, since the issue of the indictment on this deadline, seven days have passed, and so far no action has been taken towards finding a solution or reaching an agreement for the president, at least not in public.

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