Chocolate: July 3rd Week, Optimal Term for Calling Constitutive Session

Chocolate in an interview for Online Economics has indicated that Democracy in Action has engaged about 100 observers in all 38 municipal counting centres, which have closely monitored the process.

“Democracy in Action has engaged about 100 observers distributed to each of the 38 municipal centres, which have monitored the success of the process and the regularity of counting the votes of candidates in particular. Ground data shows that, beyond the minor human error recorded even in the CEC reports, there was no serious irregularities that could violate the integrity and validity of the process, as we have had in the wake of last December 28th elections. Therefore, I believe that already it is clear that the counting process has produced, in the first place, precise credit results and, secondly, another important element is that these results seem to reflect on almost the will of citizens in terms of elections held on June 7,”, he has declared.

Speaking of election complaints, Cakoli said candidates have legal rights to use all legal means, but stressed that the current practice of the Electoral Panel for Ances and Parashtre (PZAP) and the Supreme Court has set clear standards for their treatment.

“Normically, candidates who were part of the race have been eligible and have the legal right to file complaints, even for a limited number of votes. But what matters is that a kind of precedent has already been created on the part of PZAP, even in previous election cycles, as far as the test level should be done in terms of eventual irregularities. And in this respect, I believe that PZAP and the Supreme Court's decisions on preliminary complaints (so not these we already had) will serve as the basis for decision making even in cases that could potentially be brought to the Supreme Court”, he said of Online Economy.

According to Calcol, the final decision-making of responsible institutions can be taken very quickly, paving the way for the certificate of results.

So, I believe that if not this weekend, there may be decisions by the PZAP and the Supreme Court, which is the last closing step towards the certificate of election results, in the early days of next week. Which, as such, then constitutes the cruise step, I believe, in the process of forming institutions. Because, after the certificate of election results, the deadlines for institution formation will begin to run, in particular, for the election of the country's new president and the election of government, and normally for the constitution. With the latter, which is the main condition, within which the 60-day deadline for electing the president and other relevant deadlines for forming the” government, he said.

Chocolate estimated that mid-July is the most likely period for calling the constitutional session.

Because the Constitutional Court has determined that the 30-day term for the constitutionalisation of the Assembly is defined and absolute, in the sense of the obligation MPs have to complete it as procedure, with deadlines usually taking one to two weeks to prepare the session of other elements, I believe the third week of July, or mid-July, could be an opinal deadline during which we may have the call of the Constituent hearing. And since the numbers already, as such, detect a relatively calm pace in terms of the constitution. Because the Vetevendosje Movement as the first party to come out of the election and its partners from among the communities, I don't believe they will have any problems with the constitution. As much as the need for a political agreement in relation to the president's election will be able to dictate the dynamics of political developments, both in the constitution and in the election of the Government”, he said.

Cakolli added that the biggest challenge is not expected to be the formation of the government, but the election of the country's new president.

“If the Assembly is to be constitutionalised in the second part of July, then the middle or late September will be the last constitutional deadline within which the country's new president or president should be elected. In this direction, this is the most flat term, until there are two parallel deadlines in the case of government selection. So on one side is the 60-day term from the mandate day, and on the other side is the total 40-day deadline, which includes 15 days for the first candidate (which is nominated by the acting president, or depending on which procedure will be followed first), and in case of eventual failure, it is a 10-day term for selecting the second candidate. And again, 15 days for the other candidate, who generally takes 40 days. Which means, on the matter of government, decision-making may be later sometime early in September, if not earlier than that. But since the Government issue does not expect to be a problem because of the configuration of numbers, I believe the most sensitive and potentially problematic issue will be the one for the president's election, with the deadline I believe will be concluded by the middle or eventually the end of September, depending on the procedures to be followed for the contracting of the Parliament”, Cakoli added.

The Constitutional Court's recent ruling clearly states that Kosovo's president is elected by two-thirds of the vote and the two-thirds quorum in the first two votes, or 61 votes in the third round.

The 35-day deadline given by the Constitutional Court expired at midnight on April 28th, and thus, automatically under that decision, the Assembly is disbanded, without the need of a presidential decree.