The President of the Republic of Kosovo welcomes the judgment of the Constitutional Court in cases no. KO 72/26 and KO 74/26, which confirm the legal arguments submitted by the Presidency to the Constitutional Court regarding this case, and confirm that President Osmani has not committed any constitutional violations.
In accordance with the comments sent by the Presidency, the Constitutional Court itself confirms in paragraphs 153, 155 and 190 that the 60-day deadline must be consumed before the 30-day deadline provided for in Article 86.2 of the Constitution, and that this 30-day deadline before the end of the mandate of the current President is final and binding, and cannot be relativized.
The Court, in no paragraph of its judgment, has found a violation of the Constitution by the President. On the contrary, it has confirmed that it is not the decree that leads the country to new elections, but rather the failure of the Assembly to elect a new President that causes this election process.
The Presidency has expressed the same position in the comments sent to the Constitutional Court, emphasizing that the decree is simply a formalization of an existing situation and that it is not the decree, but the failure of the Assembly itself to elect a President that leads the country to elections.
Consequently, given that the circumstance of not constituting the Assembly on time was not foreseen by the Constitution of the Republic of Kosovo, the Court has interpreted an exceptional circumstance that applies to this specific case, clarifying that “in all cases of the election of the President in the future, namely the procedure for the election of the new President, which cannot last more than 60 days, must begin before and end no later than 30 days before the end of the mandate of the current President.” (paragraph 191 of the Judgment)
The President welcomes the 34-day deadline granted to the members of the Assembly of Kosovo by the court and calls on them to urgently fulfill this constitutional obligation.
The granting of this additional deadline by the Constitutional Court was in no way within the competence of the President of the Republic. But it is precisely the President’s decree that has paved the way for this important clarification by the court as the sole and final authority to interpret the Constitution.
Political statements about alleged constitutional violations show both a misinterpretation of the judgment as well as extreme politicization of a situation already clarified by the Constitutional Court: that the failure to elect the President of the country is the responsibility of the members of the Assembly and as a result of the lack of political
will to reach a consensus on the election of the President.
Instead of such unreliable statements, we invite the Assembly of Kosovo to set the date of the new session for the election of the new President as of tomorrow and to fulfill the obligation for which they were elected, giving the country stability and security.
