Publicist Veton Surroi has provided a brief interpretation of the ruling of the Constitutional Court of Kosovo regarding the President's decree dissolving the Assembly, where the Court gave the Assembly another 34 days to elect the President.
He assessed that the Constitutional Court's finding that the President's decree "does not produce any legal effect" means that the Court found that there was no constitutional support for the dissolution of the Assembly to produce legal effect.
"Otherwise, the Court would have considered that the decree produces legal effect and that the Assembly has been dissolved," Surroi wrote on Facebook.
Surroi also commented on the 34-day deadline that the Constitution has given the Assembly to elect the President:
“The CCK finds 'that the deputies of the Assembly of the Republic of Kosovo, from the day of entry into force of this judgment, have thirty-four (34) days to develop and complete the procedure for the election of the President of the Republic of Kosovo'. This means that the procedure for the election of the President was in progress and was prematurely terminated by the decree of the President of the country. This action did not meet the constitutional requirements and, consequently, did not produce legal effect. Not being based on the Constitution, it can be interpreted as an arbitrary action,” he wrote.
According to Surroi, the Constitutional Court has also found that the dissolution of the Assembly is not the result of a discretionary decision by the President, but a consequence that directly derives from the Constitution:
“The CCK also finds 'that in the event that the Assembly fails to elect the President within the period specified in point III of the operative part of this judgment (...) the Assembly is dissolved ex constitutione and, consequently, early elections for the Assembly must be held within forty-five (45) days'. Consequently, the dissolution of the Assembly is not the result of a discretionary decision of the President, but a consequence that directly follows from the Constitution in the event of failure to elect the President within the specified deadline and procedure”, Surroi wrote.
He added that "the country's President could help overcome the polarizing atmosphere created by her March 6 decree — which produced no legal effect, because it had no constitutional support — by avoiding political interpretations of the Constitutional Court's ruling." /Telegraph/
