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Article 112
 

1. Seats allocated in accordance with the present Law are held personally by the elected
candidate and not by the Political Entity. A member’s mandate may not be altered or terminated
before the expiry of the mandate except by reason of:


1.1. the conviction of the member for a criminal offence for which he or she is sentenced
to prison term as provided by the Article 70 paragraph 3 sub-paragraph (6) of the
Constitution;



1.2. the failure of the member to attend for six (6) consecutive months a session of
the Assembly or the Committee(s) of which he or she is a member, unless convincing
cause is shown as per Rules of Procedure of the Assembly;



1.3. the member’s forfeiture of his or her mandate under Article 30 of this Law;



1.4. the death of the member;



1.5. mental or physical incapacity as determined by final Court decision; or



1.6. the resignation of the member.


2. A member of the Kosovo Assembly the term of which ceases pursuant to paragraph 1 of this
Article shall be replaced as follows:


2.1. by the next eligible candidate of the same gender who won the greatest number of
votes of the reordered candidate list of the Political Entity on whose behalf the member
contested the last election if in such a case the guarantee of the mandatory minimum
representation of the underrepresented gender is not violated, in the quota of thirty
percent (30%) of the political entity.


2.2. only if there are no other eligible candidates regardless to his/her votes on the
candidate list, by the next eligible candidate on the candidate list of the political entity
that has had the largest quotient of votes under the formula set out in Article 111
paragraph 4 of this Law in the most recent election of the same type; and



2.3. if the member is an independent candidate, by the next eligible candidate on the
candidate list of the Political Entity that had the next largest quotient of votes under the
formula set out in Article 111 paragraph 4 of this Law.


3. Upon a seat becoming vacant, the Speaker of the Assembly shall make a request in writing to
the President for the vacancy to be filled. Such request shall include an explanation as to how
the vacancy arose.



4. Upon receipt of a request under paragraph 3 of this Article, President shall, if the explanation
provided is satisfactory, request the CEC to recommend the name of a person to fill the vacancy.
The CEC shall, within five (5) working days of being requested to do so, provide the President
with the name of the next eligible candidate under paragraph 2 of this Article.