The dilemma and legal debate has been created by President Vjosa Osmani's decree to dissolve the Assembly. The decision, taken just one day after the 60-day deadline for the election of the head of state by the Assembly began to run, is being assessed as unconstitutional by some experts in the field.
Critics say that the full term for electing a new president should have been completed before dissolving the Assembly. In this situation, the Constitutional Court is required to issue an interpretation as soon as possible.
The decree of the head of state to dissolve the Parliament has created uncertainty and legal debate in the public. Constitutional experts say that President Osmani's decree is unconstitutional, as the deadlines for electing a new president have not expired.
Mazllum Baraliu, an expert on the constitution, said that "if within 60 days, from the beginning of the procedure, from yesterday, the president is not elected, the assembly is dissolved or dispersed, so in fact the assembly is automatically dissolved and new elections are held. This is what the constitution says. On this basis, the presidential decree was also invoked, which is without a constitutional legal basis and should be clarified here for public opinion so that there is no ambiguity and there are no contrary actions."
"The Constitution of the Republic of Kosovo defines two situations in which the country goes to elections in the event of a failure to elect a president, the first situation is the situation of 60 days where the country must go to elections from the beginning of the procedure for electing a president. While the second situation is 45 days from the expiration or failure of the third round," says Melos Kolshi, researcher at the Kosovo Law Institute.
In this situation, it is said that the Constitutional Court should issue an interpretation as soon as possible.
"We have an ambiguity between Article 82 and 86 and this can only be clarified by the Constitutional Court. I think that if the Constitutional Court eventually decides on a temporary measure at the request of the Vetëvendosje Movement, then the presidential decree on the dissolution of the assembly and the announcement of elections becomes invalid, becomes null and void," said Arbër Jashari, a lawyer.
According to constitutional expert Mazllum Baraliu, going to the polls should be avoided in order not to deepen the crisis.
"Let's not get into a crisis that is already present and a crisis that is unfortunately a continuation of last year's crisis. And this is not allowed for any institution, political party, or MP," he said.
Before the president issued the decree to dissolve the Assembly, the Speaker of the Assembly announced that they had requested from the Constitutional Court the suspension of the deadline related to the procedure for electing the president. /RTK
