Eugen Cakolli of KDI has provided clarifications regarding the possibility of challenging the decision to elect Kosovo’s president.
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According to him, at least ten deputies have the right to refer the Assembly’s decision directly to the Constitutional Court. The request must be submitted within eight days of the decision’s approval; otherwise, this opportunity to challenge it is lost.
Cakolli stressed that merely sending a “notification” to the Constitutional Court does not suspend the president’s election. Nor is the claim that the Assembly has failed to implement a judgment sufficient, as it must be assessed whether the conditions for dissolving the Assembly have been met.
He added that the Constitutional Court may monitor the implementation of its decisions, but this is a power it exercises at its discretion. According to him, this does not automatically create grounds for a new Assembly decision to be annulled by bypassing the requirements of Article 113.5.
