Abstract

The Constitution of the Republic of Kosovo in its basic provisions has defined the form of government and separation of state powers, as a fundamental principle of democracy, where the President of the Republic of Kosovo is not part of any of the state powers, but the constitutional powers he exercises affect that he has connections with all state powers. This paper addresses the relation of the President of the Republic of Kosovo with the legislative power, including the exercise of some of his constitutional powers, namely the convening of the constitutive session of the Assembly, the dissolution of the Assembly and the annual speech of the President in the Assembly of the Republic of Kosovo. The above-mentioned competencies, in addition to the theoretical aspect, are also analyzed in the practical aspect when these constitutional competencies of the President were materialized by President Jahjaga during the mandate 2011-2016. Also, the political stalemate and the actions taken by the President, Mrs. Atifete Jahjaga for his overcoming, criticisms and recommendations of the European Commission in the Progress Reports regarding the political stalemate in the country. since the declaration of Kosovo as an independent state in 2008, it has managed to complete a full constitutional mandate, five years, unlike its predecessors and successors until 2019. Therefore, this paper aims to elaborate the exercise of some constitutional powers and the practice of one of the most important constitutional institutions in the Republic of Kosovo, that of the President of the Republic of Kosovo.

Highlights

  • The principle of separation and exercise of state power implies the independent exercise of legislative, executive and judicial power, where the competencies of each power are defined and regulated by the highest legal and political act of the country-constitution (Kadriu, 2006, p. 237)

  • Regarding the legislative power and its function, the President of the Republic of Kosovo has the following competencies: - announces the elections for the Assembly of Kosovo and convenes its first meeting; - promulgates the laws approved by the Assembly of the Republic of Kosovo; - can initiate a proposal for laws from his / her field of activity, - has the right to return for review of adopted laws, if he considers that they are harmful to the legitimate interests of the Republic of Kosovo or one or more of its communities

  • Since this competence of the president is related to the legislative power, it would be meaningless if such a competence of the President would not be constituted in the chapter of the Constitution of the Republic of Kosovo which defines the institution of the Assembly of the Republic of Kosovo, ie this the latter contains this competence of the President, defined as follows: "The President of the Republic of Kosovo convenes the first session of the Assembly" (Assembly of the Republic of Kosovo, Constitution of the Republic of Kosovo, 2008)

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Summary

Introduction

The principle of separation and exercise of state power implies the independent exercise of legislative, executive and judicial power, where the competencies of each power are defined and regulated by the highest legal and political act of the country-constitution (Kadriu, 2006, p. 237).

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