Constitutional Court

The Applicant has submitted a referral through which he requested the Court to evaluate the constitutionality of the temporary holding and the exercising of the functions of President of the Republic of Kosovo and at the same time, exercising the position of the Secretary-General of PDK, The Applicant based his referral on the doubt whether the limitations of Article 88,2 of the Constitution, according to which after election, the President cannot exercise any other political party functions, are also applicable to the Acting President, The Constitutional Court decided to declare the referral admissible on the grounds that in the role of the President, also the Acting President is allowed to refer matters to the Constitutional Court and that this was done within the deadline, Furthermore, the Court decided that holding and exercise of these two positions by the Acting President does not constitute violation of Article 88,2 of the Constitution, with justification that limitation of this Article are applicable only “after election” of the President, Therefore, the Court explained that President of the Republic is elected by the Assembly, whereas the responsibilities of the Acting President derive from the Constitution, therefore consequently Acting President is not limited by the Article 88.2