The Constitutional Court has declared inadmissible the request of President Vjosa Osmani, who had requested an interpretation for the division of seats in the Central Election Commission (CEC) based on the largest parliamentary groups represented in the Assembly.
The Constitutional Court, through a notification, has announced that the President’s request has not met one of the criteria as the President’s competence to appoint CEC members is not defined by the Constitution, but only by the Law on General Elections in the Republic of Kosovo. .
Political analysts estimate that the answer to Constitutional Court must be respected, and that President Vjosa Osmani must make a correct solution.
The expert on constitutional issues, Mazllum Baraliu stated for the Telegraph that Osmani did not need to make a request to the Constitutional Court at all, since the representation of political entities is regulated by the Law on Elections.
“President Osmani did not need to send a request to the Constitutional Court at all, because it is clear in the Constitution, without wanting to prejudge the decision. I said that the answer of the Constitutional Court should come as soon as possible, because we do not have time and the CEC must be completed, because the elections are near. “In the Constitution for the Law on Elections, it is clear that the largest party cannot have more than two representatives, and it wanted to have a tool there, and within the winning party in this one, the Guxo List.” , he said.
Mazllum Baraliu
He further added that Osmani must make the right decision, so that everyone is represented in the CEC.
“However, the decision of the Constitutional Court must be respected, and this issue must be resolved, not arbitrarily by the president, but political parties must be called and the Constitution must be interpreted and a correct solution agreed upon, so that no one “be super represented and no one should be removed”, he declared.
On the other hand, Ehat Miftaraj, Executive Director of the Kosovo Institute of Justice, stated for the Telegraph that the Constitutional response was expected.
“The response of the Constitutional Court has been expected at least in the community of lawyers, as the same response is in full accordance with the practice built by this court even in previous cases when former President Thaçi had requested such an opinion and the court had returned “Almost the same answer,” he said.
Ehat Miftaraj
Otherwise, President Osmani in May had appointed eight members of the CEC. While the presidency had announced the appointment of two other members there was an ambiguity of the constitutional provisions, where as a result the President addressed the Constitutional Court with a request for interpretation of Article 139, paragraph 4 of the Constitution of the Republic of Kosovo based on Article 84 as well as Article 113 of the Constitution.
