Cakolli warns of constitutional dilemma: Who sets November 8 or 15 as election date if the president is not elected?

Following the latest decision of the Constitutional Court, Eugen Cakolli from the Kosovo Institute of Justice (IKD) has reacted.

According to him, this judgment now blocks the possibility of further delays in the creation of institutions.

However, Cakolli points out that the Court did not provide a clear answer on a key point: if the election of the new President fails on October 6, which body will be responsible for setting the date of new elections.

According to his analysis, the Constitutional Court has essentially determined that after the electoral process, the relevant institutions must be elected and formed within a time window of about 90 days, starting from the moment of certification of results by the Central Election Commission.

He explains that this formulation, although somewhat mitigating the violation of the 30-day constitutional deadline for constitution, puts an end to the practice of endless blocking of the formation of institutions through the non-constitution of the Assembly. Consequently, this forces the start of calculation for all other constitutional deadlines.

Despite this, Cakolli notes that an important issue remains unresolved. In the concrete scenario, two weeks from today, that is on October 7, it will remain unclear which entity has the authority to set November 8 or 15 as the date for extraordinary elections, in case the Assembly fails to elect the new President.