Hasan says “first President”, the Constitution said the election of the head of state must start with the constitutionalised Parliament

Enver Hasani, former head of the Constitutional Court, says that the incumbent's task officer, Albulen Haxhiu, cannot decree the new prime minister's mandate, but adds that he would not be surprised if incumbent Prime Minister Albin Kurti takes on “anti-unconstitutional and anti-legal actions”.

The Constitutional Court in late March had given 34 days for the president's election, which eventually did not take place and the country went back to the elections ʹ third in about a year and a half.

This time, the reason was the president's absence. And from here, former Constitutional Court Chairman Enver Hasani says it must start working after the Parliament's institution.

“must immediately initiate procedure for electing the president of the Republic. So, the Kosovo Assembly that is constitutional can't have anything in the agenda but proposals for the president of Republic”, he told Gazette Express, broadcast. Periscope.

In the final act when the Constitution set the deadline for the president's election, there is also a mention in context of the election of the head of state when there is no constitutional and functional Assembly.

Paragraph 162 of that act says that once the constitution is dedicated, procedure should be initiated to elect the president.

“In the specific context of the circumstances of a disunited and still uncontained Assembly, the Court, based on interpretation of how above and the purpose of constitutional norms, defined through paragraph 3 of Article 82 related to Article 2 of Article 86 of the Constitution, estimates that the procedure for electing the president should start from the day of the constitution and end most remote within sixty-60 days of the start of the procedure for electing President” is said to be carried out in court.

The Constitutional Court says in the latest act that it had not explicitly specified the situation when and when the election procedure of the new president ends, in the circumstances where there is no constitutional and functional Assembly.

Hasan says that “no previous practice has any power and support after the latest act of Constitutional Court”.

Those practices must be forgotten and the final act of the Constitutional Court that has completely declared it unconstitutional and devoid of any value to the scandalous distribution of the Kosovo Assembly of Mrs. Vjosa Osmani”, he said.

Hasan, author of several books on trial and constitutional law, argues his stance, recalling that “, both politically speaking, it is known that Kosovo has gone to the polls because of the Republika Srpska president's choice of”. Therefore, he says, “would be absurd for a new legislature stemming from the election with a clear act of justice by the Constitutional Court to allow the President's Task Agent to decree the new mandate”.

Under the Constitution, the president appoints the candidate for the country's prime minister, who then has a deadline for creating a parliamentary majority that would elect the government.

If Mrs. Albulen Haxhiu decrees Mr. Kurti and no one challenges her decree at the Constitutional Court, then things will continue as before, contrary to the Constitutional Court's act and, therefore, unconstitutionally. That would not surprise me at all, given Mr. Kurti's history, which, in most cases, has made decisions and taken unconstitutional and anti-legal actions”, Hasani said.

The director of the Kosovar Institute for Justice, Ehat Miftaraj, says that in order to avoid new elections, political subjects must reach a quick agreement on forming institutions, since, according to him, the constitutional deadline for electing the 60-day president is activated on the day the constitution is constitutionalised.

“What does it mean to vote on the government after 60 days to go to the elections”, Miftaraj said.

British Ambassador Jonathan Hargrees has spoken before elections on the president's case on several occasions.

“We agreed that Kosovo should choose the president immediately after these elections”, the diplomat had said after meeting with LVV vice president.

After another meeting with W. D. President Albulen Hadziu Hargreaves had suggested the importance of the Parliament being elected after the elections by “to eliminate the next elections and lost opportunities for Kosovo”.

The court, which is the final authority for interpreting the Constitution in the country, has said that the deadline for electing the new president no later than 30 days before the current president's mandate ends, “is binding and final, and that it takes on the binding character of this term, the same cannot be related to”. But in the concrete context, since the Parliament had not been constitutionalised 60 days before the constitutional deadline for electing President ? So it hasn't been available for 60 days since the procedure had to begin, and it had given MPs 34 days to do it.

The Constitution has stressed in that act that determining the mandate of 4 years for the Parliament and 5 years for the president, “aims to ensure the continuation of institutional functioning and prevent the creation of institutional vacuums, which could cause obstacles or crisis in the constitutional functioning of state institutions”.

The Central Election Commission plans to face the certificate of results of the June 7th parliamentary elections by 6th. Under the country's Constitution, the constitutional session should be held within 30 days of the official announcement of election results. /Periscope