Office and Functions

Article 83 [Status of the President]

The President is the head of state and represents the unity of the people of the Republic of Kosovo.

Article 84 [Competencies of the President]

The President of the Republic of Kosovo: (1) represents the Republic of Kosovo, internally and externally;

(2) guarantees the constitutional functioning of the institutions set forth by this Constitution;

(3) announces elections for the Assembly of Kosovo and convenes its first meeting;

(4) issues decrees in accordance with this Constitution;

(5) promulgates laws approved by the Assembly of Kosovo;

(6) has the right to return adopted laws for re-consideration, when he/she considers them to be harmful to the legitimate interests of the Republic of Kosovo or one or more Communities. This right can be exercised only once per law;

(7) signs international agreements in accordance with this Constitution ;

(8) proposes amendments to this Constitution;

(9) may refer constitutional questions to the Constitutional Court.

(10) leads the foreign policy of the country;

(11) receives credentials of heads of diplomatic missions accredited to the Republic of Kosovo;

(12) is the Commander-in-Chief of the Kosovo Security Force;

(13) leads the Consultative Council for Communities;

(14) appoints the candidate for Prime Minister for the establishment of the Government after proposal by the political party or coalition holding the majority in the Assembly;

(15) appoints and dismisses the President of the Supreme Court of the Republic of Kosovo upon the proposal of the Kosovo Judicial Council; - 29 -

(16) appoints and dismisses judges of the Republic of Kosovo upon the proposal of the Kosovo Judicial Council;

(17) appoints and dismisses the Chief Prosecutor of the Republic of Kosovo upon the proposal of the Kosovo Prosecutorial Council;

(18) appoints and dismisses prosecutors of the Republic of Kosovo upon the proposal of the Kosovo Prosecutorial Council;

(19) appoints judges to the Constitutional Court upon the proposal of the Assembly;

(20) appoints the Commander of the Kosovo Security Force upon recommendation of the Government;

(21) with the Prime Minister, jointly appoints the Director, Deputy Director and Inspector General of the Kosovo Intelligence Agency;

(22) decides to declare a State of Emergency in consultation with the Prime Minister;

(23) may request meetings of the Kosovo Security Council and chairs them during a State of Emergency;

(24) decides on the establishment of diplomatic and consular missions of the Republic of Kosovo in consultation with the Prime Minister;

(25) appoints and dismisses heads of diplomatic missions of the Republic of Kosovo upon the proposal of the Government;

(26) appoints the Chair of the Central Election Commission;

(27) appoints the Governor of the Central Bank of the Republic of Kosovo who will also act as its Managing Director, and appoints the other members of the Bank’s Board;

(28) grants medals, titles of gratitude, and awards in accordance with the law;

(29) grants individual pardons in accordance with the law;

(30) addresses the Assembly of Kosovo at least once a year in regard to her/his scope of authority.

Article 85 [Qualification for Election of the President]

Every citizen of the Republic of Kosovo who is thirty five (35) years old or older may be elected President of the Republic of Kosovo.

Article 86 [Election of the President]

1. The President of the Republic of Kosovo shall be elected by the Assembly in secret ballot.

2. The election of the President of the Republic of Kosovo shall take place no later than thirty (30) days before the end of the current president’s term of office.

3. Every eligible citizen of the Republic of Kosovo may be nominated as a candidate for President of the Republic of Kosovo, provided he/she presents the signatures of at least thirty (30) deputies of the Assembly of Kosovo. Deputies of the Assembly can only sign for one candidate for the President of the Republic.

4. The President of the Republic of Kosovo shall be elected by a two thirds (2/3) majority of all deputies of the Assembly.

5. If a two thirds (2/3) majority is not reached by any candidate in the first two ballots, a third ballot takes place between the two candidates who received the highest number of votes in the second ballot, and the candidate who receives the majority of all deputies of the Assembly shall be elected as President of the Republic of Kosovo.

6. If none of the candidates is elected as President of the Republic of Kosovo in the third ballot, the Assembly shall dissolve and new elections shall take place within forty five (45) days.

Article 87 [Mandate and Oath]

1. The President of the Republic of Kosovo begins her/his term of office after taking the oath before the Assembly of Kosovo. The text of the Oath will be provided by law.

2. The President’s term of office is five (5) years.

3. Upon completion of his/her first term of office, the President of the Republic of Kosovo may be re-elected only once.

Article 88 [Incompatibility]

1. The President shall not exercise any other public function.

2. After election, the President cannot exercise any political party functions.

Article 89 [Immunity]

The President of the Republic of Kosovo shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of responsibilities of the President of the Republic of Kosovo.

Article 90 [Temporary Absence of the President]

1. If the President of the Republic of Kosovo is temporarily unable to fulfill her/his responsibilities, he/she may voluntarily transfer the duties of the position to the President of the Assembly who shall then serve as Acting President of the Republic of Kosovo. The President’s order of transfer shall state in particular the reason for the transfer and the duration of the transfer if known. The President of the Republic of Kosovo shall resume exercise of the duties of the position when she/he is able to do so and the President of the Assembly shall relinquish the position as Acting President.

2. When there is no voluntary transfer of power, the Assembly of the Republic of Kosovo determines by two thirds (2/3) vote of all deputies, after consultation with the medical consultants team, that the President of the Republic of Kosovo is temporarily unable to fulfill his/her responsibilities. The President of the Assembly shall serve as Acting President until the President of the Republic of Kosovo is able to resume carrying out her/his duties as President.

3. The position of Acting President of the Republic of Kosovo may not be exercised for a period longer than six (6) months.

Article 91 [Dismissal of the President]

1. The President of the Republic of Kosovo may be dismissed by the Assembly if he/she has been convicted of a serious crime or if she/he is unable to exercise the responsibilities of office due to serious illness or if the Constitutional Court has determined that he/she has committed a serious violation of the Constitution.

2. The procedure for dismissal of the President of the Republic of Kosovo may be initiated by one third (1/3) of the deputies of the Assembly who shall sign a petition explaining the reasons for dismissal. If the petition alleges serious illness, the Assembly shall consult the medical consultants team on the status of the President’s health. If the petition alleges serious violation of the Constitution, the petition shall be immediately submitted to the Constitutional Court, which shall decide the matter within seven (7) days from the receipt of the petition.

3. If the President of the Republic of Kosovo has been convicted of a serious crime or if the Assembly in compliance with this article determines that the President is unable to exercise her/his responsibilities due to serious illness, or if the Constitutional Court has determined that he/she has seriously violated the Constitution, the Assembly may dismiss the President by two thirds (2/3) vote of all its deputies. 


DECREE - ON THE CRITERIA AND PROCEDURES FOR GRANTING PARDON TO CONVICTED PERSONS