Miftaraj: Administrative instruction for elections in the north is not in accordance with the law

The administrative instruction for the dismissal of mayors in municipalities in northern Kosovo is unconstitutional and aims to delay processes, according to Ehat Miftaraj, Executive Director of the Kosovo Institute for Justice, while Sazan Ibrahimi, Director of the Association of Kosovo Municipalities, also emphasized that political problems could not be resolved through sub-legal acts, as reported by Ekonomia Online.

The administrative instruction, published this week, outlines the initial step of launching a petition for the removal of mayors.

Ehat Miftaraj, the Executive Director of the Kosovo Institute for Justice, stated that the administrative instruction for elections in the north was not in accordance with the law.

"Unfortunately, this administrative instruction contradicts the Constitution of Kosovo. It is not possible for a mayor's mandate to be defined or regulated by an administrative instruction," Miftaraj said.

According to him, this law should be made with clear criteria so that the Central Election Commission could implement it in practice.

"We know we have a law for local self-government, but in order for the procedures, criteria, and conditions for the removal of mayors through civil initiatives to be legally established, there should be clear criteria and procedures so that the Central Election Commission can somehow implement it in practice," Miftaraj explained.

He adds that the government is making efforts to hinder this process rather than offering a solution.

"Through administrative instructions, the government's effort is more about prolonging this process than providing elections, which would then be supported by international partners," Miftaraj stated.

Sazan Ibrahimi, Director of the Association of Kosovo Municipalities, also expressed his opposition to the administrative instruction.

"The Law on Local Self-Government, specifically Article 72 of this law, is very clear regarding the initiation of the procedure for the dismissal of the mayor. The administrative instruction did not provide for anything more significant regarding procedures than what the Law on Local Self-Government prescribes. For any initiation of the procedure for the dismissal of the mayor, there must be an alibi for why that mayor should be dismissed. You cannot launch a civil initiative without an alibi for why you want to remove the mayor, whether he has done something socially harmful or what he has done to initiate the dismissal process," Ibrahimi stated.

Ibrahimi said that Kosovo had a Law on Local Self-Government, adding that the political situation in the north could not be resolved through sub-legal acts.

"There are three things. First, there must be a reason why you want to initiate the dismissal of the mayor. Second, who would sign the petitions that require 20 percent of the voter base. The third step is that you cannot resolve a political problem through sub-legal acts. Without a political agreement between the parties involved in the problem Kosovo has been going through for several years, I think there can be no solution. Political problems cannot be resolved through sub-legal acts. It is also very important to clarify to the public that if someone initiates the procedure for the dismissal of the mayor through a petition, it will take time, it cannot happen quickly. The minimum time is set for one month just for collecting signatures and then sending them to the Central Election Commission. This could take months," Ibrahimi explained.