CECZ member, Calcoli: Osmani made violations, issue could end in Constitutional

Eugen Cakoli, programme manager at the Kosovo Democratic Institute (KDI), estimates that former President Vjosa Osmani has not exercised its constitutional competencies in the process.

Chocolate in an interview for Online Economy, says the situation can be complicated further, especially because the president's task officer, Albulen Haxhiu, comes from LVV's ranks.

The first thing that's clear is that President Osmani has not exercised its constitutional competencies, has, respectively, committed violations in the case of not naming the remaining CEC member, especially after the Constitutional Court's decision not to accept its case. In this direction, the defined legal deadlines have already been violated, and for me it has been meaningless how the president in the last days of his mandate has not exercised a competence which is its exclusive competence. Until now, when we have the country's presidential duty, I believe the situation can be complicated further because since Mrs. Haxhiu, even though she is a task leader, she comes to have position both within the Vetevendosje Movement and as head of the Parliament“, he said.

He also explained who the member belongs to.

“In the event of a appointment which would not be in line with the practice and legislation in force, under which the second member belongs to the Democratic Party of Kosovo in this case, since the model Kosovo applies is the strict model of representation, where proportionism in the Assembly is not taken into account. So, no matter how many MPs have a political subject, as long as the parliamentary group is qualified as such, then automatically the division of countries becomes in the same form“, Calcoli says.

He warned that, if the member is appointed by the LVV ranks, the issue could end in the Constitutional Court.

If Mrs. Haxhiu makes a decision to appoint a third member in this case of Vetevendosje Movement, I believe this issue will easily end up in the Constitutional Court. Which, in the first place, risks further undermining the credibility and credibility of the public to the CEC, and on the other hand, it would certainly be an indicator that the position of the president's task officer could be used to push ahead of the party agenda which Mrs. Haxhiu himself actually belongs, without wanting to speculate on her decision-making<1>, he said.

Chocolate also mentioned the 2021 precedent, stressing that the practice has been clear.

<x) And the same guarantees a kind of greater credibility in fact in the CEC, because the CEC is not a miniature framework that reflects political balance, but it is a body that will have to appear even in the eyes of the public as an independent body and which manages impartially with the election process“, he points out.

He also recalled a Constitutional Court ruling from that same year.

“In this direction, the Constitutional Court in the case of President Jakup Krasniqi's taskman, had issued an opinion in that period, according to which the entire constitutional disrepute is known to the incumbent on the entire decision-making range it represents according to the relevant provisions of the Constitution. Which in this case there is no other modalization except Mrs. Haxhiu is the one who appoints the remaining CEC member and completes the composition of this institution. But what remains to be seen is whether to follow the current practice and legal framework, or we will have a decision that could easily be concluded at the Constitutional Court”, he said.

On Wednesday, the Democratic Party of Kosovo has turned to Presidential Task Agent Albulen Haxhiu, with an official request for proceeding to appoint the second member of this party to the Central Election Commission.

Under the Constitution, six members of the CEC are appointed by the six largest parliamentary groups that do not hold reserved seats. If there are fewer parliamentary groups, larger groups could appoint additional members.

April 11th is the legal deadline for making the appointment. /Periscope