<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The article examines the constitutional position of the president of republic in the view of the appointment procedure established in Hamiti et al and Derguti et al. Both constitutional court decisions have construed a rhetorical interpretation of the expected role of the president of republic as representative of the unity of the people in a constitutional nutshell. The article questions both decisions’ structural rationality and legitimacy in what is likely a tough political controversy requiring two-third majority for the appointment of the president of republic in the first two rounds. To better designate the logic upon which the court relied when ruling in the two decisions, the article considers relevant comparative literature and case-law to channel the analysis. The article concludes that though the court demonstrated a rather activist tone in interpreting the procedure for the appointment of the president of republic, it also showed quite unprecedented willingness to constitutionally empower the position of the president of republic on basis of appointment-related preconditions.</p></abstract>

The article examines the constitutional position of the president of republic in the view of the appointment procedure established in Hamiti et al and Derguti et al. Both constitutional court decisions have construed a rhetorical interpretation of the expected role of the president of republic as representative of the unity of the people in a constitutional nutshell. The article questions both decisions’ structural rationality and legitimacy in what is likely a tough political controversy requiring two-third majority for the appointment of the president of republic in the first two rounds. To better designate the logic upon which the court relied when ruling in the two decisions, the article considers relevant comparative literature and case-law to channel the analysis. The article concludes that though the court demonstrated a rather activist tone in interpreting the procedure for the appointment of the president of republic, it also showed quite unprecedented willingness to constitutionally empower the position of the president of republic on basis of appointment-related preconditions.

Appointing a President that Represents the Unity of the People in Kosovo

University of Prishtina “Hasan Prishtina”

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Appointing a President that Represents the Unity of the People in Kosovo"}

The article examines the constitutional position of the president of republic in the view of the appointment procedure established in Hamiti et al and Derguti...

Appointing a President that Represents the Unity of the People in Kosovo

Publié en ligne: 09 févr. 2018

Pages: 193 - 210

DOI: https://doi.org/10.2478/iclr-2018-0008

Mots clés
The President, the Unity of People Concept, Constitutional Court, Constitutional Provisions, Presidential Election Procedures, the Quorum

© 2018 Florent Muçaj et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Appointing a President that Represents the Unity of the People in Kosovo

Publié en ligne: 09 févr. 2018

Pages: 193 - 210

DOI: https://doi.org/10.2478/iclr-2018-0008

Mots clésThe President, the Unity of People Concept, Constitutional Court, Constitutional Provisions, Presidential Election Procedures, the Quorum

© 2018 Florent Muçaj et al., published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Mots clés
The President, the Unity of People Concept, Constitutional Court, Constitutional Provisions, Presidential Election Procedures, the Quorum