Kosova’s acting President Albulena Haxhiu has asked the Constitutional Court to clarify who can exercise presidential powers after her six-month mandate expires if the Assembly fails to elect a new president.
The Office of the President confirmed the request to Radio Free Europe on October 6, the deadline for electing a new president. Haxhiu submitted the request on October 5 under Article 113 of the Constitution.
The issue has gained importance because the Assembly will dissolve if lawmakers fail to elect a president by the deadline. The Constitutional Court ruled in March that the Assembly would dissolve automatically in such a case and that early parliamentary elections would follow within 45 days.
However, the Constitution gives the president the power to call elections, while Article 90 limits an acting president’s mandate to six months. Haxhiu has therefore asked the court to determine which authority can exercise that power after her mandate expires.
Meanwhile, the Office of the President said it seeks a constitutional solution that would allow elections to proceed within the required deadlines. It based its position on the principle of institutional continuity and said constitutional provisions should work together so that one deadline does not prevent the fulfilment of other constitutional obligations.
Haxhiu has served as acting president since Vjosa Osmani’s mandate ended on April 4. The Constitutional Court has not yet announced a decision on the issues Haxhiu raised.
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