Legal Gaps in the Constitution of the Republic of Kosovo in Chapter on the President of the Republic

• Author: Sadik Haxhiu - Arbresha Meha
• Position: Associate Professor, PhD, Faculty of Law, University Kadri Zeka Gjilan, Kosovo - Dr.Sc. WUS Austria
• Pages: 31-40

JURIDICA

31

Legal Gaps in the Constitution of the

Republic of Kosovo in Chapteer on the

President of the Republic

Sadik Haxhiu

1

, Arbresha Meha

2

Abstract: Legal uncertainties and gaps in the legislation of Kosovo are expressed in constitutions,

laws and other legal acts. Usually, these shortcomings are few in constitutions as the highest political

legal act o f a state. However, these defects are noted in the Constitution of the Republic of Kosovo.

They can be explicitly distinguished in the chapter on the President of the Republic of Kosovo. These

gaps are particularly evident in the case of resignation or death of the President. The article in the

Constitution does not foresee who should exercise the function of the president when th e president

resigns or dies. Even more unclear situations we have when the president dies or resigns, at the time

when the Kosovo Assembly is dissolved. These two situations occurred in Kosovo in 2006 and 2010.

Keywords: Legal uncertainties; legal gaps; President of Kosovo; resignation of the president;

dismissal of the president

JEL Classification: K10; K40; K33

1. Introduction

In the constitution of the Republic of Kosovo, in some chapters there are many

legal uncertainties and gaps. These gaps and legal uncertainties are more explicit in

the chapter on the President of the Republic, article 88 which claims to regulate the

president's status for not exercising other functions. In this case it is not clear

whether the president has or does not have the right to exercise other public

functions. Also, uncertainty is expressed in article 90 - the temporary absence of

the president, where it is not precisely and clearly defined who should temporarily

serve as Acting President in the cases of the his/her temporary absence. The gap in

the Constitution is even more apparent in these segments:

1

Associate Professor, PhD, Faculty of Law, University Kadri Zeka Gjilan, Kosovo, Address: Zija

Shemsiu n, 60000 Gjilan, Tel.: +381 280-390-112, Corresponding author: sadik.haxhiu@uni-

gjilan.net.

2

Dr.Sc. WUS Austria. Tel +377 44 160 907, E-mail: arbresha.meha@gmail.com.

AUDJ, Vol. 15, No. 3/2019, pp. 31-40