Following the election of Justina Shiroka-Pula as President of the Republic of Kosovo, the Kosovo Law Institute (KLI) emphasized the importance of her role in guaranteeing the constitutional functioning of institutions and representing Kosovo at home and abroad.
Të lidhura
None found
KLI recalls that the Constitution grants the president important powers in the areas of legislation, justice, security, foreign policy and independent institutions, including the duty of Commander-in-Chief of the Kosovo Security Force (KFS). According to the institute, the president should represent all citizens and remain above the interests of political parties and the calculations of temporary political majorities.
For this reason, KLI calls on President Shiroka-Pula, at the beginning of her term, to make public her positions and commitments on ten key issues.
1. The Constitution and the democratic functioning of institutions
The institute seeks to know how the president will fulfill her constitutional duty to guarantee the functioning of institutions and whether she will respond publicly and in a timely manner when the separation of powers, institutional mandates or constitutional procedures are undermined, or when the country faces institutional deadlock.
2. The Specialist Chambers, missing persons and justice for victims
KLI calls on the president to clarify her position on recent developments related to the Law on the Specialist Chambers, the rights of defendants and victims, and respect for the independence of the judiciary. She should also state whether clarifying the fate of missing persons and documenting war crimes will be treated as permanent state priorities.
3. Partnership with the United States, the EU and Euro-Atlantic integration
The institute asks how the president will lead foreign policy in order to resume strategic dialogue and deepen the partnership with the United States of America, with the aim of advancing Kosovo’s status in the process of integration into the European Union and NATO, as well as increasing international recognition. It also seeks clarification on whether she will ensure coordination among institutions on matters of foreign policy and security.
4. Independence from political parties and representation of all citizens
The president must make clear what standard she will follow to demonstrate that she will not represent the interests of the political entities that supported her election. KLI also seeks to know how she will guarantee equal communication and consultation with the opposition, civil society, communities and citizens.
5. Returning laws for reconsideration and protecting the public interest
KLI seeks clarification on how the president will exercise her authority to return laws to the Assembly for reconsideration when she determines that they harm the legitimate interests of the Republic. According to the institute, there should be a transparent practice of publicly explaining decrees related to the promulgation or return of laws.
6. The rule of law, justice and appointments in the judicial and prosecutorial systems
Another issue raised by KLI concerns how powers to appoint and dismiss judges, prosecutors, the President of the Supreme Court and the Chief State Prosecutor will be exercised. According to the institute, these decisions must be made with integrity, without political influence and with full respect for the independence of the justice system.
7. The fight against corruption and the protection of independent institutions
The president is expected to clarify how she will respond to efforts to capture institutions, unmerited appointments, nepotism and conflicts of interest. KLI asks whether she will use her constitutional authority to demand accountability and the implementation of integrity standards in public institutions.
8. Dialogue with Serbia, sovereignty and international agreements
KLI seeks to learn the president’s vision for the Kosovo-Serbia dialogue and the achievement of mutual recognition. According to the institute, every international agreement must be in line with the sovereignty, territorial integrity, constitutional order and functionality of the state of Kosovo.
9. National security, the KSF and northern Kosovo
As Commander-in-Chief, the president must define priorities for increasing Kosovo’s defense capabilities, cooperation with allies and KFOR, and guaranteeing security and the constitutional order in every part of the territory of the Republic.
10. Human rights, communities, social welfare and accountability to citizens
KLI seeks to know how the president will lead the Consultative Council for Communities and what steps she will take to protect against discrimination, promote gender equality, safeguard the rights of non-majority communities and ensure their inclusion in institutional life.
The institute also asks whether she will use her authority to promote institutional consensus on education, healthcare, opportunities for young people, employment, poverty reduction and addressing emigration. The focus also includes establishing a regular practice of press conferences, explaining decisions, ensuring transparency of decrees and publicly reporting on the president’s work.
KLI believes that the president should also publicly state her position on the process through which she was elected. She should declare whether she considers that her election was carried out in full compliance with the Constitution, the rulings of the Constitutional Court and parliamentary procedures.
In addition, the president should state whether she will respect all legal and constitutional assessments related to this process if a case concerning it is initiated before the Constitutional Court.
KLI emphasizes that Ms. Shiroka-Pula’s five-year term will not be assessed solely on the basis of statements, but through her willingness to defend the Constitution even when this means confronting the majority that elected her.
The Kosovo Law Institute announced that it will monitor the exercise of this mandate in relation to the Constitution, the rule of law, the public interest and accountability to citizens.
