The decree issued by the President of Kosovo, Vjosa Osmani, to dissolve the Assembly and send the country to new elections is unconstitutional, says former Constitutional Court president Enver Hasani.

The professor of law and international relations told KosovaPress in a written interview that the failure to elect a president on Thursday does not automatically send the country to new elections.

According to him, once the procedures for electing the President of the Republic begin, the 60-day period starts to run. Therefore, he considers it necessary that the court urgently issue a temporary measure to prevent, as he emphasizes, further erosion of the constitutional order.

He stresses that Osmani’s decision today has shaken the foundations of the “constitutional order more and deeper than ever since February 17, 2008, until now.”

Hasani is sharply critical of Osmani, arguing that with today’s decision, she is attempting to change the form of state power from a parliamentary system to a presidential system.

Here is the full interview:

KosovaPress: Professor Hasani, what are the legal and constitutional consequences of yesterday’s failure to elect a president?

Hasani: No legal consequences can arise, and none arise, from the breach of the thirty-day deadline.

KosovaPress: The president decreed the dissolution of the Assembly and sending the country to elections. Is this decree constitutional?

Hasani: Only when all political parties agree can the dissolution of the Assembly follow as a result of breaching the thirty-day deadline. Never otherwise. This also happened last year, when Kosovo went to elections without a constituted Assembly; there was a silent agreement among all parties. What happened today changes the form of state power from a parliamentary system to a presidential system. Such a change can only be made through a constitutional amendment. The way it was done represents an attempt to overturn the constitutional order—the most brutal attempt since the country’s independence.

KosovaPress: Do you expect contestation from Vetëvendosje in the Constitutional Court?

Hasani: Certainly, this arbitrary decree must be challenged, and the Constitutional Court must have the final say. This arbitrariness and total disregard for the Constitution cannot be allowed. Last night, after the procedures to elect the President of the Republic began, the 60-day period started. The Court must urgently issue a temporary measure to prevent further erosion of the constitutional order.

KosovaPress: Should the election date be discussed before the Constitutional Court makes a decision?

Hasani: Today’s decree is entirely unconstitutional and undermines the foundations of the state power system.

The role and position of the President of the Republic are clearly defined in the Constitution of Kosovo, and Kosovo is not a presidential system.

KosovaPress: How do you assess the constitutional basis of Vetëvendosje’s complaint and their request for a temporary suspension of deadlines for electing the president?

Hasani: Vetëvendosje’s request is not a constitutional matter and has no object for constitutional review.

The only object of constitutional review can be the scandalous, entirely arbitrary, and irresponsible decree of Ms. Osmani to dissolve the Assembly of Kosovo, because it has shaken the foundations of the constitutional order more and deeper than ever since February 17, 2008, until now.