“Referring to the structure of the constitutional norm for the election of the President of Kosovo and the Constitutional Court judgment KO29/11, the country does not go to elections if the President is not elected on March 4, 2026, due to the non-participation of deputies in the plenary session and in the voting in the three constitutionally defined rounds,” he wrote in a Facebook post. Sallahu says that “elections are held only if, after the exhaustion of the three rounds of voting, none of the presidential candidates in the first two rounds has received at least 80 votes, and in the third round at least 61 votes.”
“Otherwise, if the President is elected after March 4, 2026, based on the number of votes according to Article 86 of the Constitution, then his election, according to the same article, is unconstitutional,” he wrote.
Sallahu says that the process of electing the President should be “sent to the Constitutional Court” as soon as it begins.
“In order to prevent the irresponsibility of deputies through non-participation and failure to vote in the plenary session, thereby violating previous judgments regarding their obligation to vote, then as soon as the procedure for electing the President begins, the process of electing the President should be sent to the Constitutional Court, with a request for an interim measure so that the deadline for electing the President of the country is suspended!” he wrote.
“The Constitutional Court has no alternative but to once again oblige the deputies to remain in the chamber and vote either in favor, against, or abstain, referring to previous judgments, specifically judgments KO 193/25 and KO-196/25, also based on the Opinion of the Venice Commission CDL-AD(2017)003,” Sallahu added.
