The Constitutional Court has declared inadmissible the request of the President of Kosovo, Vjosa Osmani, regarding the appointment of members of the Central Election Commission (CEC).
Osmani had requested an assessment of a “conflict between constitutional competencies under Article 113” of the Constitution—specifically between herself and “parliamentary groups as bodies of the Assembly of Kosovo” in relation to the appointment of CEC members.
The Court stated that the required constitutional criteria for raising a “conflict of constitutional competencies” had not been met.
The Constitutional Court explained that, in this specific case, the alleged conflict of competencies was based on a power of the president that is not defined by the Constitution, but rather by the Law on General Elections.
The Court also noted that within the Constitution—particularly in the sections concerning the form of governance and the separation of powers—there is no provision that explicitly grants the President of Kosovo the authority to appoint members of the CEC.
“In the Court’s assessment, under the circumstances of this case, although the President of the Republic is an authorized party to raise issues of conflict of constitutional competencies between herself and the Assembly, she has not brought before the Court a conflict of ‘constitutional competencies.’ Consequently, the Court declares the request of the President of the Republic of Kosovo inadmissible,” the ruling stated.
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