IKD: The process for electing president is violating constitutional order

First, the lack of quorum for holding the extraordinary session makes the procedure itself invalid. The constitution calls for the presence of at least 80 deputies for the launch of the session and the development of the first two rounds of voting, while only 64 MPs have been in the hall. Under these circumstances, any further procedure action presents a dangerous precedent that severely violates the principle of rule of law and creates room for the systematic bypass of constitutional rules.

Second, the way the Commission's Meeting for Legislation called, just two minutes before its observance, constitutes serious violations of minimum standards of transparency and participation. Such a deadline prevents effective MP participation and reduces the process to a formalisation, undermining the legitimacy of any decision made.

Thirdly, the issue of nomining and signing MPs has been addressed in opposition to constitutional framework and judicial practice. The constitution calls for at least two candidates for president, the condition that has initially been fulfilled on 5 March 2026 with the candidacy of Glauk Konjufca and Fatmire Mulhrama-Kolcak. However, their withdrawal from the race does not bring the process back to zero in a legal sense of signatures, since the latter are considered consumed at the moment of surrender. Each candidate had secured over the minimum of 30 signatures, which, due to their judicial nature, are exclusively linked to the current candidate and cannot be transferred or reused for other candidates.

This interpretation, by comparison, is also supported by the practice of the Constitutional Court in the case of KI 47/10, where it is stressed that deputies' signatures, after being handed over as part of a request, cannot be withdrawn arbitraryly and considered consumed. Also, the setting of the Assembly allows the withdrawal of signatures only until the moment of surrender to the Office for Proposals and Parashtes, which in this case did not happen.

All the above actions, due to lack of quorum, procedural violations in the function of commissions, and misinterpretation of the rules make the whole process legally invalid. Allowing such a practice poses a serious danger to democracy, as it sets a standard where constitutional rules are bypassed creates ways for repeated institutional crises.

For all these reasons, The IKD called on the Speaker of the Parliament to respect the Constitutional Court constitution and judgments, so as not to proceed with any action at the session, if 80 MPs are not present in the hall.