Home > 2.1 The competent bodies and their tasks > KOSOVO - Law No. 003/L-073 on General Elections and Amendments 2010
 
 
 
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Article 61
 

Mandate and Appointment of CEC Members


61.1 The Chair of the CEC shall be appointed in accordance with article 139(3) of the Constitution of Kosovo.


61.2 The mandate of the Chair of the CEC shall be seven (7) years commencing on the day stipulated in the notification of appointment by the President of Kosovo.


61.3 Appointment of CEC members as provided in article 139(4) of the Constitution of Kosovo shall be done by the following procedures:


a) within 10 days of the coming into force of this law parliamentary groups entitled to appoint a member(s) to the CEC shall notify the President of Kosovo of their appointment. Provided that the individual appointed by the parliamentary group conforms to the requirements of this law, the President of Kosovo shall, within five (5) days confirm the appointment in writing. The appointment shall be effective on the day stipulated in the official appointment by the President of Kosovo.


b) the Chairman of the CEC shall serve for not more than 2 consecutive mandates.


c) the Members of the CEC shall serve for not more than 3 consecutive mandates.


d) the termination of a mandate shall be on the last calendar day of the same month of the commencement of the mandate.


e) notwithstanding point (d) of this paragraph mandate that expires 90 or fewer days before an election or up to 90 days following the certification of the results of an election shall be automatically extended to 90 days after the certification of the results of an election.


61.4 The mandate of the members of the CEC shall begin no later than sixty (60) days after the certifications of the Assembly elections results.


61.5 The mandate of the Chair or any member of the CEC may be terminated with resignation or terminated with immediate effect by the President of Kosovo in the following circumstances:


a) the member fails to meet the conditions and criteria of this law.


b) the members fails to attend without any reasonable motive three consecutive meetings of the CEC and the termination of the mandate is approved by 2/3 of the majority vote of the CEC; c) the member is convicted of a criminal offence;


d) The member behaves or acts in a manner that seriously affects the status and integrity of the CEC;


e) The member is unable to perform his or her duties for more than six consecutive months.


61.6 In the case where a mandate is terminated by the President of Kosovo, the new appointment shall be made in accordance with this article. The new appointment of a replacement shall be in accordance with the procedures in this article and the new member shall only serve for the remainder of the mandate of the member replaced, but shall be subject to reappointment in accordance with this article.


61.7 A member of the CEC must have work experience of no less than 5 years and a university degree in law, public administration, political science, human rights, mathematics, election administration, in social sciences, public relations, or statistics.


61.8 A person shall not be eligible to be a Member of the CEC if he or she is:


a) a member of the Assembly of Kosovo;


b) a member of a Municipal Assembly in Kosovo;


c) a candidate for elected public office in Kosovo;


d) a member of a publicly elected representative assembly outside of Kosovo;


e) a holder of a senior public or high political party office;


f) a member of a public electoral commission within or outside of Kosovo;


g) a member of the Kosovo Protection Corps;


h) a member of any police force or body of like kind;


i) a person not eligible to vote in Kosovo;


j) a person serving a sentence imposed by the International Criminal Tribunal for the Former Yugoslavia or under indictment by the Tribunal and has failed to comply with an order to appear before the Tribunal; or


k) a member of a non-governmental organization monitoring the elections;


l) have been convicted of a crime by a final court decision;


m) have been a member of an intelligence or security service in Kosovo or abroad in the last 5 years; and


n) have been dismissed from the public administration for a violation of the law.


61.9 If a parliamentary group or community fails to appoint a person to be a Member of the CEC within 21 days of being requested to do so, the President shall at his discretion select and appoint an eligible person to fill the vacant position from the category as described in the Constitution.


61.10 If the President considers that an appointee is not suitable to serve as a Member of the CEC under this Law, he shall hold consultations with and request the appointing organization concerned to appoint a new candidate. If the appointing organization in question fails to appoint an eligible person to be a Member of the CEC within 14 days of such request, the President shall at his discretion select and appoint an eligible person to fill the vacant position.