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The Constitutional Court overturned the decree on the election of the President / Vjosa Osmani reacts

2026-03-25 21:42:00, Kosova & Bota CNA

The Constitutional Court overturned the decree on the election of the President

Kosovo President Vjosa Osmani has reacted after the Constitutional Court of Kosovo overturned her decree. Osmani welcomed the decision and stated that the ruling did not find any violation of the Constitution on her part.

Among other things, the reaction states that the Presidency has expressed the same position in comments sent to the Constitutional Court, emphasizing that it is not the decree but the failure of the Assembly itself to elect the President that is leading the country to elections.

The Assembly is further called upon to set the date of the new session for the election of the new President.

Full reaction:

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 confirms the legal arguments submitted by the Presidency to the Constitutional Court regarding this case, and confirms that President Osmani has not committed any constitutional violation.

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 current President's term 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 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 the President that is leading the country to elections.

Consequently, since the circumstance of failure to constitute the Assembly on time was not foreseen by the Constitution of the Republic of Kosovo, the Court 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 given 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 misreading of the verdict, but also extreme politicization of a situation already clarified by the Constitutional Court: that the failure to elect the country's President is the fault of the deputies and as a result of the lack of political will to reach consensus on the election of the President.

Instead of such unstable statements, we call on 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. / CNA