What does the Constitution say about electing the president?

On Monday, fewer than 80 deputies participated in the first vote. This by the opposition and civil society organisations was seen as constitutional violations.

The election of president is adjusted to Article 86 of the Constitution of Kosovo.

Article 86 [President's election]

1. The president of the Republic of Kosovo is elected by the Parliament, by a secret vote.

2. The election of president of the Republic of Kosovo should take place no later than thirty days before the end of the current president's mandate.

3. Each citizen of the Republic of Kosovo can be nominated as presidential candidates of the Republic of Kosovo, if it provides the signatures of at least thirty-30) Kosovo Assembly deputies. Parliament deputies can only sign for a candidate for president of the Republic of Kosovo.

4. The president's election is made by two-thirds (2/3) of the votes of all Parliament deputies.

5. If no candidate gets a two-thirds majority (2/3) in the first two votes, the third vote is organised between the two candidates who have received the highest number of votes in the second vote and the candidate who gets the majority of votes from all MPs is elected president of the Republic of Kosovo.

6. If in the third vote, no candidate is elected president of the Republic of Kosovo, the Parliament is distributed and new elections are announced, which should be held within forty-five (45) days.

Even in the latest act on “the assessment of constitutionality for the procedure for electing the president of the Republic of Kosovo”, the Constitutional Court has found that:

(i) The president of the Republic of Kosovo is elected from the Parliament of Kosovo, in accordance with the procedure specified in Article 86 of the Constitution;

(i) The president's election takes place in 3 (tri) rounds of voting, where the first 2 (two) rounds require the votes of two-thirds of all Parliament deputies (2/3), while in the third round the majority of the Parliament's deputies are required;

(ii) In order for the first 2 (two) rounds to be valid in the procedure for electing the president, it requires that at least 2/3 (two-thirds) of all MPs be present and vote. While for the 3rd round, at least the presence and voting of most of all MPs are required; and

(iv) voting for the president's election is conducted by a secret vote.