Termination of the mandate of representatives elected by the people and their replacement according to the legal framework in the Republic of Kosovo

Session

LAW

Description

In Kosovo, governance originates from the people as in any other democratic state. This form of government is regulated on the basis of the Constitution and the Law on Local Self-Government. The purpose of this paper is to deal with the legal framework on the procedures for the preterm termination of the mandate of elected representatives in the central and local government and their replacement, focusing concretely on certain cases at the central and local level. The replacement of representatives is carried out through the election waiting list (for deputies and members of assemblies) or new elections (for Mayors of Municipalities)The legal framework, especially the provisions of Article 70 of the Constitution and Articles 35, 37, 50, 64 and Article 72 of the Law on Local Self-Government have determined the procedures for terminating the mandate. For mayors of municipalities, the mandate can be terminated by initiating a petition by 20% of citizens for the organization of new elections if this petition is supported by more than 50% of eligible voters.The methodology of the work is mixed. Through the qualitative method, interviews were conducted and analyzes were made of the local and international legal framework, reports of local and international institutions. Meanwhile, with the quantitative method, statistical analyzes of the reports of various bodies such as the Assembly, the CEC, the Judicial Council, etc. have been made. The findings of the research show that Kosovo has a legal framework that regulates the way of premature termination of the mandate of representatives elected by the people and the way of their replacement. Meanwhile, the interruption of the mandate for municipal institutions, such as that of the mayor, determines new elections. Also, there is no special law (for a referendum) that allows citizens to initiate a petition for the beginning of the premature termination of the mandate for mayors of municipalities.

Keywords:

elected representative, Mayor of the Municipality, interruption of the mandate, early elections, Constitution, Law

Proceedings Editor

Edmond Hajrizi

ISBN

978-9951-550-95-6

Location

UBT Lipjan, Kosovo

Start Date

28-10-2023 8:00 AM

End Date

29-10-2023 6:00 PM

DOI

10.33107/ubt-ic.2023.147

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Oct 28th, 8:00 AM Oct 29th, 6:00 PM

Termination of the mandate of representatives elected by the people and their replacement according to the legal framework in the Republic of Kosovo

UBT Lipjan, Kosovo

In Kosovo, governance originates from the people as in any other democratic state. This form of government is regulated on the basis of the Constitution and the Law on Local Self-Government. The purpose of this paper is to deal with the legal framework on the procedures for the preterm termination of the mandate of elected representatives in the central and local government and their replacement, focusing concretely on certain cases at the central and local level. The replacement of representatives is carried out through the election waiting list (for deputies and members of assemblies) or new elections (for Mayors of Municipalities)The legal framework, especially the provisions of Article 70 of the Constitution and Articles 35, 37, 50, 64 and Article 72 of the Law on Local Self-Government have determined the procedures for terminating the mandate. For mayors of municipalities, the mandate can be terminated by initiating a petition by 20% of citizens for the organization of new elections if this petition is supported by more than 50% of eligible voters.The methodology of the work is mixed. Through the qualitative method, interviews were conducted and analyzes were made of the local and international legal framework, reports of local and international institutions. Meanwhile, with the quantitative method, statistical analyzes of the reports of various bodies such as the Assembly, the CEC, the Judicial Council, etc. have been made. The findings of the research show that Kosovo has a legal framework that regulates the way of premature termination of the mandate of representatives elected by the people and the way of their replacement. Meanwhile, the interruption of the mandate for municipal institutions, such as that of the mayor, determines new elections. Also, there is no special law (for a referendum) that allows citizens to initiate a petition for the beginning of the premature termination of the mandate for mayors of municipalities.