Former President of the Constitutional Court, Enver Hasani, considers the Constitutional Court’s ruling on the annulment of the decree by President Vjosa Osmani on the dissolution of the Assembly, as well as the additional 34-day deadline for electing a president, to be professional.

Professor of international law, in an interview for KosovaPress, emphasizes that although the legal reasoning of the decision is correct, the language used in the dispositive part “reflects a certain hesitation” by the Court to directly name the situation as an unconstitutional act by Osmani, allegedly due to fear and pressure exerted on the institution.

However, he clarifies that the ruling does not produce direct legal consequences for the president personally, since the subject of review was only the constitutionality of the decree and not individual responsibility.

“When a legal act produces no legal effect, then we are dealing with absolute nullity of the act. This is another way of saying that the decree was entirely unconstitutional,” Hasani says.

He adds that this makes the decree for dissolving the Assembly legally void, “as if it had never existed,” describing it as the highest level of unconstitutionality.

In this context, Hasani believes that President Vjosa Osmani made a mistake by issuing the decree to dissolve the Assembly, since such a competence does not exist in any European parliamentary system as an autonomous power of the head of state.

“Subject of the case was not the assessment of whether the President has violated the Constitution, but whether the decree is constitutional,” Hasani adds.

According to him, any eventual procedure against the president must be initiated separately by at least 40 members of the Assembly before the Constitutional Court, who must argue a violation of the Constitution, also relying on this ruling.

Hasani also stresses that such a procedure is separate from the dismissal of the president, which requires a two-thirds majority in the Assembly, making it a politically complex process.