To reply to this argument, a textual analysis of the Constitution is required first. The powers under items c), dh) and e) of Article 92 of the Constitution explicitly provide for the powers to adopt the “negative act”, i.e. give up citizenship, release plenipotentiary representatives, withdraw diplomatic representatives. This is not the case for the powers under gj) to set the date of elections. Taken together with the limitation in Article 94,²⁷ it seems therefore difficult to construct a right of the President to adopt the negative act with regard to the setting of the date for elections.²⁸

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²⁷ “The President of the Republic cannot exercise other powers besides those recognized expressly in the Constitution and granted by laws issued in compliance with it.”
²⁸ In his Letter, the President however points out that the Constitutional Court recognised the right of the President not only to award but also to remove military titles under Article 92/d of the Constitution.