Office and Functions
THE STATUS AND CONSTITUTIONAL POWERS OF THE PRESIDENT OF THE REPUBLIC OF KOSOVO
CHAPTER I - BASIC PROVISIONS
Article 4
[Form of Government and Separation of Power]
3. The President of the Republic of Kosovo represents the unity of the people. The President of the Republic of Kosovo is the legitimate representative of the country, internally and externally, and is the guarantor of the democratic functioning of the institutions of the Republic of Kosovo, as provided in this Constitution.
Article 18
[Ratification of International Agreements]
1. International agreements relating to the following subjects are ratified by two thirds (2/3) vote of all deputies of the Assembly:
(1) territory, peace, alliances, political and military issues;
(2) fundamental rights and freedoms;
(3) membership of the Republic of Kosovo in international organizations;
(4) the undertaking of financial obligations by the Republic of Kosovo;
2. International agreements other than those in paragraph 1 are ratified upon signature of the President of the Republic of Kosovo.
3. The President of the Republic of Kosovo or the Prime Minister notifies the Assembly whenever an international agreement is signed.
4. Amendment of or withdrawal from international agreements follows the same decision making process as the ratification of such international agreements.
5. The principles and procedures for ratifying and contesting international agreements are set forth by law.
CHAPTER III - RIGHTS OF COMMUNITIES AND THEIR MEMBERS
Article 60
[Consultative Council for Communities]
1. A Consultative Council for Communities acts under the authority of the President of the Republic of Kosovo in which all Communities shall be represented.
2. The Consultative Council for Communities shall be composed, among others, of representatives of associations of Communities.
3. The mandate of the Consultative Council for Communities shall:
(1) provide a mechanism for regular exchange between the Communities and the Government of Kosovo.
(2) afford to the Communities the opportunity to comment at an early stage on legislative or policy initiatives that may be prepared by the Government, to suggest such initiatives, and to seek to have their views incorporated in the relevant projects and programs.
(3) have any other responsibilities and functions as provided in accordance with law.
CHAPTER IV - ASSEMBLY OF THE REPUBLIC OF KOSOVO
Article 79
[Legislative Initiative]
The initiative to propose laws may be taken by the President of the Republic of Kosovo from his/her scope of authority, the Government, deputies of the Assembly or at least ten thousand citizens as provided by law.
Article 80
[Adoption of Laws]
1. Laws, decisions and other acts are adopted by the Assembly by a majority vote of deputies present and voting, except when otherwise provided by the Constitution.
2. Laws adopted by the Assembly are signed by the President of the Assembly of Kosovo and promulgated by the President of the Republic of Kosovo upon her/his signature within eight (8) days from receipt.
3. If the President of the Republic of Kosovo returns a law to the Assembly, he/she should state the reasons of return. The President of the Republic of Kosovo may exercise this right of return only once per law.
4. The Assembly decides to adopt a law returned by the President of the Republic of Kosovo by a majority vote of all its deputies and such a law shall be considered promulgated.
5. If the President of the Republic of Kosovo does not make any decision for the promulgation or return of a law within eight (8) days from its receipt, such a law shall be considered promulgated without her/his signature and shall be published in the Official Gazette.
6. A law enters into force fifteen (15) days after its publication in the Official Gazette of the Republic of Kosovo, except when otherwise specified by the law itself.
Article 82
[Dissolution of the Assembly]
1. The Assembly shall be dissolved in the following cases:
(1) if the government cannot be established within sixty (60) days from the date when the President of the Republic of Kosovo appoints the candidate for Prime Minister;
(2) if two thirds (2/3) of all deputies vote in favor of dissolution, the Assembly shall be dissolved by a decree of the President of the Republic of Kosovo;
(3) if the President of the Republic of Kosovo is not elected within sixty (60) days from the date of the beginning of the president’s election procedure.
2. The Assembly may be dissolved by the President of the Republic of Kosovo following a successful vote of no confidence against the Government.
Chapter V President of the Republic of Kosovo
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;
(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 esponsibilities, 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.
CHAPTER VI - GOVERNMENT OF THE REPUBLIC OF KOSOVO
Article 93
[Competencies of the Government]
The Government has the following competencies:
…(8) proposes to the President of the Republic of Kosovo the appointment and dismissal of the heads of diplomatic missions of the Republic of Kosovo;
Article 94
[Competencies of the Prime Minister]
The Prime Minister has the following competencies:
…(7) consults with the President of the Republic of Kosovo on matters of intelligence;
(8) in cooperation with the President, jointly appoints the Director, Deputy Director and Inspector General of the Kosovo Intelligence Agency;
(9) consults with the President on the implementation of the foreign policy of the country;…
Article 95
[Election of the Government]
1. After elections, the President of the Republic of Kosovo proposes to the Assembly a candidate for Prime Minister, in consultation with the political party or coalition that has won the majority in the Assembly necessary to establish the Government.
2. The candidate for Prime Minister, not later than fifteen (15) days from appointment, presents the composition of the Government to the Assembly and asks for Assembly approval.
3. The Government is considered elected when it receives the majority vote of all deputies of the Assembly of Kosovo.
4. If the proposed composition of the Government does not receive the necessary majority of votes, the President of the Republic of Kosovo appoints another candidate with the same procedure within ten (10) days. If the Government is not elected for the second time, the President of the Republic of Kosovo announces elections, which shall be held not later than forty (40) days from the date of announcement.
5. If the Prime Minister resigns or for any other reason the post becomes vacant, the Government ceases and the President of the Republic of Kosovo appoints a new candidate in consultation with the majority party or coalition that has won the majority in the Assembly to establish the Government.
6. After being elected, members of the Government shall take an Oath before the Assembly. The text of the Oath will be provided by law.
CHAPTER VII - JUSTICE SYSTEM
Article 104
[Appointment and Removal of Judges]
1. The President of the Republic of Kosovo shall appoint, reappoint and dismiss judges upon
the proposal of the Kosovo Judicial Council.
…
Article 109
[State Prosecutor]
…7. The Chief State Prosecutor shall be appointed and dismissed by the President of the Republic of Kosovo upon the proposal of the Kosovo Prosecutorial Council. The mandate of the Chief State Prosecutor is seven (7) years, without the possibility of reappointment.
CHAPTER VIII - CONSTITUTIONAL COURT
Article 113
[Jurisdiction and Authorized Parties]
1. The Constitutional Court decides only on matters referred to the court in a legal manner by authorized parties.
2. The Assembly of Kosovo, the President of the Republic of Kosovo, the Government, and the Ombudsperson are authorized to refer the following matters to the Constitutional Court:
(1) the question of the compatibility with the Constitution of laws, of decrees of the President or Prime Minister, and of regulations of the Government;
(2) the compatibility with the Constitution of municipal statutes.
3. The Assembly of Kosovo, the President of the Republic of Kosovo and the Government are authorized to refer the following matters to the Constitutional Court:
(1) conflict among constitutional competencies of the Assembly of Kosovo, the President of the Republic of Kosovo and the Government of Kosovo;
(2) compatibility with the Constitution of a proposed referendum;
(3) compatibility with the Constitution of the declaration of a State of Emergency and the actions undertaken during the State of Emergency;
(4) compatibility of a proposed constitutional amendment with binding international agreements ratified under this Constitution and the review of the constitutionality of the procedure followed;
(5) questions whether violations of the Constitution occurred during the election of the Assembly. …
Article 114
[Composition and Mandate of the Constitutional Court]
… 2. Judges shall be appointed by the President of the Republic of Kosovo upon the proposal of the Assembly and shall serve for a non-renewable mandate of nine (9) years.
Article 118
[Dismissal]
Judges of the Constitutional Court may be dismissed by the President of the Republic of Kosovo upon the proposal of two thirds (2/3) of the judges of the Constitutional Court only for the commission of a serious crime or for serious neglect of duties.
CHAPTER XI - SECURITY SECTOR
Article 126
[Kosovo Security Force]
…3. The President of the Republic of Kosovo is the Commander-in-Chief of the Kosovo Security Force, which shall always be subject to control by democratically elected civilian authorities.
…
5. The Commander of the Kosovo Security Force shall be appointed by the President of the Republic of Kosovo upon the recommendation of the Government. Internal organization of the Kosovo Security Force shall be determined by law.
Article 127
[Kosovo Security Council]
1. The Security Council of the Republic of Kosovo in cooperation with the President of the Republic of Kosovo and the Government develops the security strategy for the Republic of Kosovo. The Security Council of the Republic of Kosovo shall also have an advisory role on all matters relating to security in the Republic of Kosovo.
2. The Security Council of the Republic of Kosovo shall be chaired by the Prime Minister with the support of the Government, except during a State of Emergency as provided by this Constitution.
3. The President of the Republic of Kosovo may require meetings of the Security Council of the Republic of Kosovo and the Council is obliged to closely coordinate its work with the President. The Security Council of the Republic of Kosovo shall closely cooperate with international authorities.
4. Members of the Security Council of the Republic of Kosovo shall be appointed and dismissed in a manner provided for by law.
Article 129
[Kosovo Intelligence Agency]
…3. The President of the Republic of Kosovo and the Prime Minister, upon consultation with the Government, shall jointly appoint the Director, Deputy Director and Inspector General of Kosovo Intelligence Agency. Qualifications and terms of office shall be determined by law.
4. The President of the Republic of Kosovo and the Prime Minister shall receive the same intelligence information.
Article 131
[State of Emergency]
1. The President of the Republic of Kosovo may declare a State of Emergency when:
(1) there is a need for emergency defense measures;
(2) there is internal danger to the constitutional order or to public security; or
(3) there is a natural disaster affecting all or part of the territory of the Republic of Kosovo.
2. During the State of Emergency, the Constitution of the Republic of Kosovo shall not be suspended. Limitations on the rights and freedoms guaranteed by the Constitution shall only be to the extent necessary, for the least amount of time and in full accordance with this Constitution. During the State of Emergency, the law on elections of the Assembly and Municipalities shall not be changed. Further principles for the actions of the public institutions during the State of Emergency shall be regulated by law, but shall not be inconsistent with this Article.
3. If there exists the need for emergency defense measures, the President of the Republic of Kosovo shall declare a State of Emergency upon consultation with the Prime Minister. In declaring the State of Emergency, the President of the Republic of Kosovo shall immediately issue a decree setting forth the nature of the threat and any limitations on rights and freedoms. Within forty eight (48) hours, the Assembly may provide its consent by two thirds (2/3) vote of the deputies present and voting. If consent is not provided, the President’s decree shall have no force or effect.
4. If there exists a danger to the constitutional order and to the public safety in the Republic of Kosovo or there exists a natural disaster in all or part of the territory of the Republic of Kosovo, the President of the Republic of Kosovo may declare a State of Emergency upon consultation with the Prime Minister. In declaring the State of Emergency, the President of the Republic of Kosovo shall immediately issue a decree setting forth the nature of the emergency and any limitations on rights and freedoms. Within forty eight (48) hours, the Assembly may provide its consent by a majority vote of the deputies present and voting. If consent is not provided, the President’s decree shall have no force or effect.
5. A State of Emergency shall last only as long as the danger continues and may last no longer than a period of sixty (60) days. With the consent of a majority vote of the deputies of the Assembly present and voting, the State of Emergency may be extended if necessary for successive periods of thirty (30) days up to a total of ninety (90) additional days.
6. The Assembly may place such limitations on the duration and extent of the State of Emergency as deemed necessary. When the President determines that the danger to the Republic of Kosovo is of an extraordinary nature, the Assembly may authorize an extension of the State of Emergency beyond the one hundred fifty (150) days, only if adopted by two thirds (2/3) vote of all deputies of the Assembly.
7. The President of the Republic of Kosovo may, upon consultation with the Government and the Assembly, order mobilization of the Kosovo Security Force to assist in the State of Emergency.
8. The Security Council of the Republic of Kosovo, only during the State of Emergency, shall exercise executive functions which shall be limited to those functions which specifically relate to the State of Emergency. In a State of Emergency the Security Council of the Republic of Kosovo shall be chaired by the President of the Republic of Kosovo, as provided by law. During the State of Emergency, the Security Council of the Republic of Kosovo shall closely cooperate with the Government, the Assembly and international authorities.
9. The law shall define the principles, areas and manner of compensation for any losses resulting from the limitations imposed during a State of Emergency.
CHAPTER XII - INDEPENDENT INSTITUTIONS
Article 139
[Central Election Commission]
…3. The Chair of the Central Election Commission is appointed by the President of the Republic of Kosovo from among the judges of the Supreme Court and courts exercising appellate jurisdiction.