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PDK again asks Osman for the second member of the CEC

Bedri Hamza

Bedri Hamza

Photo: Driton Pacharada

The leader of the Democratic Party of Kosovo, Bedri Hamza, has sent a letter to the President of Kosovo, Vjosa Osmani, requesting that the appointment of the second PDK member to the Central Election Commission be proceeded with without delay. The PDK made such a call on Monday after the Constitutional Court's decision.

In this letter, Hamza emphasizes that the decision of the Constitutional Court of Kosovo has clarified any ambiguity regarding this issue, confirming that the representation of PDK with two members in the CEC is a constitutional right and not a matter of political interpretation.

"Inaction at this stage, in the circumstances when the matter has been finally clarified by the Constitutional Court, would constitute a violation of the constitutional order and a dangerous precedent for the democratic functioning of institutions. Furthermore, we demand that the institutional practice to date be respected, according to which PDK has had representation with two members in the CEC," Hamza's letter to Osman states.

It further states that according to the Constitution, six members of the CEC are appointed by the largest parliamentary groups represented in the Assembly. It is emphasized that any other interpretation that would give the Vetëvendosje Movement three members would be unconstitutional.

“In the current situation, the Kosovo Assembly has four parliamentary groups. This means that in the first round of distribution of members, each group benefits from one member. The remaining two seats are divided in the second round, according to the size of the parliamentary groups: one for the largest group and one for the second largest group. In this case, this means the Parliamentary Group of the Vetëvendosje Movement and the Parliamentary Group of the Democratic Party of Kosovo, respectively.  "Any other interpretation, which would give the LVV three members, would create a situation where three parliamentary groups each have one representative, while one party dominates with three. This would be contrary to the letter and spirit of the Constitution regarding the CEC," the letter further states.

According to Hamza, Osmani must act in accordance with the Constitution and the decision of the Constitutional Court, guaranteeing respect for the rights of political entities and the integrity of the CEC.

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The Constitutional Court of Kosovo on Monday declared inadmissible President Vjosa Osmani's request for clarification regarding the issue of the appointment of members of the Central Election Commission.

Osmani had requested the assessment of the “conflict between constitutional competencies under Article 113 (3) (1) of the Constitution of the Republic of Kosovo”, respectively between the applicant and “parliamentary groups as bodies of the Assembly of the Republic of Kosovo” in relation to the appointment of members of the Central Election Commission.