The parliamentary group of the Vetëvendosje Movement has sent the case related to President Vjosa Osmani's decree to dissolve the Parliament to the Constitutional Court.
The head of this group, Arbërie Nagavci, stated that the request was signed by 30 members of Parliament.
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Letter to the Reader — Why We're Asking for Your Support ContributeShe said that at the same time, they have requested the Court to impose a temporary measure to suspend this decree, until the final verdict is issued.
"It is clear that the President of the Republic has no discretionary right to intervene in the functioning of the legislative branch, much less to take actions that lead to the dissolution of the Assembly. The role of the President in this process is strictly conditional and is activated only in circumstances clearly defined by the Constitution of the Republic of Kosovo. Any action outside these limits constitutes an excess of constitutional powers and a serious violation of the fundamental principle of the separation of powers, sanctioned in Article 4, paragraph 1, of the Constitution of the Republic of Kosovo," she wrote on Facebook.
Nagavci said that in a democratic state, no institution and no public office holder can act above or outside the Constitution.
Meanwhile, according to her, attempts to exercise powers that are not clearly defined by the Constitution not only damage the constitutional order, but also endanger the very democratic functioning of institutions.
"We expect the Constitutional Court to treat this matter as a priority and to issue a decision as soon as possible, in order to prevent any further violation of the constitutional order and the principle of separation of powers," she wrote.
Earlier, in a statement to the media, Parliament Speaker Albulena Haxhiu called Osman's decree unconstitutional and hasty.
"The president's decision to dissolve the Assembly came as a surprise to me because it is unconstitutional, it is hasty, and as such I will oppose it even as Speaker of the Assembly," said Haxhiu.
President Vjosa Osmani's decree to end the 10th legislature has deepened the clashes between the government and the opposition.
The Democratic Party of Kosovo has assessed the decree issued by Osmani to dissolve the Kosovo Assembly as constitutional. They said that Vetëvendosje is misinterpreting the Constitution to produce institutional crises.
But the Vetëvendosje Movement, the entity that leads the Government, has called the decree unconstitutional and has sent it for interpretation to the Constitutional Court.
The President decreed the dissolution of the Assembly after the failure to elect a president by March 5 and has consulted the parties on the date of early elections. Political leaders have met several times to reach a consensus figure, but without success. Prime Minister Albin Kurti said that he has held several meetings with opposition leaders and that he had proposed names such as Andin Hoti to start the discussion, but there was no support and the opposition did not propose any candidates. He added that according to the Constitution there are 60 days to find a solution and avoid new elections.