President of Notosha

The **president of Notosha** (Asbanian: *Presidentë ë Notoshë*; Lorbian: *Пресиденка с Нотоше*, *Presidenka s Notoše*) is the head of state, commander-in-chief of the military, and chief representative of the Republic of Notosha, both within the country and abroad. The president is the highest-ranking officeholder within the nation, but as is the case in most parliamentary democracies, is not the head of the executive branch nor the most powerful politician within the nation, with these roles falling to the prime minister.

The president maintains the regular and coordinated operation and stability of the national government system, and safeguards the independence and territorial integrity of the country. The president has the power to call ordinary and extraordinary elections for the Notoshan Parliament (in a manner specified by the Constitution), as well as to call referenda (with countersignature of the prime minister). The president formally appoints the prime minister on the basis of the balance of power in parliament and consultations conducted with the leaders of parliamentary parties, grants pardons, and awards decorations and other state awards. The president and government cooperate in conducting foreign policy. In addition, the president is the commander-in-chief of the Notosha Defense Forces. The president may dissolve the Parliament under circumstances provided by the Constitution. Although enjoying immunity, the president is impeachable for violation of the Constitution. In case of a temporary or permanent incapability by the president to discharge the duties of his or her office, the president of the State Assembly assumes the office of *acting* president until the president resumes his or her duties, or until the election of a new president within 60 days of the permanent vacancy occurring.

The Office of the President of the Republic consists of the immediate staff of the president of Notosha, as well as support staff reporting to the president. The office is located in the Presidential Palace in Banakastër village of Astina Municipality. The Constitution of Notosha defines the appearance and use of the presidential standard, which is flown on the buildings of the Office of the President, the residence of the president, any vehicles in use by the president, and in other ceremonial occasions.

The president is indirectly elected by the State Assembly, in a secret ballot, by a two-thirds majority of secret ballots cast. In order to stand as a candidate, one must receive an official nomination from at least 5% of the State Assembly's membership. If no candidate is elected in the first round of voting, then the candidate who received the fewest amount of votes is eliminated and the vote is held again; this process is continued until only one candidate remains. If the final remaining candidate fails to receive two-thirds of the secret ballots after ten rounds of voting as the sole candidate, then the president of the State Assembly takes office as *acting* president, all candidacies are withdrawn, and a new election will be held in 60 days. The elected president serves for a term of five years, and the Constitution of Notosha sets of a limit of a maximum of two terms in office. The president-elect is required to take an oath of office before the judges of the Constitutional Court. Throughout their tenure, the president is constitutionally mandated to remain unaffiliated with a political party, and maintain their "neutrality and independence" from partisanship.

## Powers and duties

The president of Notosha, styled officially as the President of the Republic (Asbanian: *Presidenti i Respublikës (masculine); Presidentë ë Respublikë (feminine)*), represents the Republic of Notosha in the country and abroad as the head of state, maintains the regular and coordinated operation and stability of the national government system and safeguards the independence and territorial integrity of the country. The president is barred from executing any other public or professional duty while in office, including the affiliation with a political party or organization.

The president of Notosha calls elections for the Notoshan Parliament and convenes the first meeting of the parliamentary assembly. The president is also required to appoint a prime minister, on the basis of the balance of power in the parliament. The appointed candidate is in turn required to seek confirmation from the parliament through a confidence vote, in order to receive a mandate to lead the Notoshan government (after given confidence by the absolute majority of the MPs, the president formally appoints the candidate as prime minister, while PM nominates ministers for appointment by the president; all with the countersignature of the president of the State Assembly). The president may also call referenda, grant pardons, and award decorations and other forms of recognition defined by legislation.

### Foreign affairs

The president of Notosha and the government cooperate in the formulation and implementation of Notosha's foreign policy. This provision of the constitution is an occasional source of conflict between the president and the government. The president decides on the establishment of diplomatic missions and consular offices of the Republic of Notosha abroad, at the government's proposal and with the countersignature of the prime minister. The president, following prior countersignature of the prime minister, appoints and recalls diplomatic representatives of the Republic of Notosha, at the proposal of the government and upon receiving the opinion of an applicable committee of the parliament. The president receives letters of credence and letters of recall from foreign diplomatic representatives.

### National security and defense

The president of Notosha is the commander-in-chief of the Notosha Defense Forces and appoints and relieves military commanders of duty, esp. the chief of general staff, conforming to applicable legislation. The president confers ranks on (and promotes) commissioned officers and generals/admirals, upon minister's proposal.

The president cooperates with the government directing operation of the Notoshan security and intelligence system. The president and the prime minister jointly appoint heads of the security agencies, and the president may attend cabinet meetings, taking part in discussions held at such meetings. The president and the prime minister jointly convene Defense Council as well as the National Security Council; the president chairs these councils and their meetings.

The president of Notosha is supported in their defense and national security duties and responsibilities by the Military Cabinet as a part of the Office of the President, staffed by commissioned officers. The President works closely with the Chief of the General Staff of the Defense Forces.

### Dissolution of Parliament

The president of Notosha may dissolve Parliament upon the request of the government if the government proposes a confidence motion to Parliament and the majority of all members of parliament adopt a motion of no confidence, or if Parliament fails to approve the government budget 120 days after the budget is proposed in the parliament. That decision must be countersigned by the prime minister to become valid.

The president may also dissolve Parliament after a motion of no confidence supported by a majority of all members of parliament has been adopted and a new government cannot be formed within 30 days or if a new government cannot be formed after general elections (maximum period of 120 days). However, the president may not dissolve Parliament at the request of the government if a procedure to determine if the president has violated provisions of the constitution is in progress.

## List of presidents

 **1** |  | Zgur Xhanari(1952–)
 **2** |  | Ilzebeta Afriti(1976–)
 Afriti was elected president on 10 August 2020 by the State Assembly, becoming the nation's first female president.

## Office of the President

The Office of the President of Notosha (Asbanian: *Zyrë ë Presidenta ë Notoshë*) consists of the immediate staff of the president of Notosha, as well as support staff reporting to the president. As of 2020, the office employed 85 staff, while the monthly salary of the president is $4,850.

The Office of the President was created by an act of parliament in July 2010, shortly after the declaration of independence and election of Zgur Xhanari as the inaugural president of Notosha. The office is headed by a chief of staff (Asbanian: *Sheffi i staffës (masculine); Sheffë ë staffë (feminine)*), whom is appointed by the president without any need for parliamentary or government approval.

### Presidential Palace

*Main article: Presidential Palace, Astina*
The Presidential Palace (Asbanian: *Pallati Presidencial*, also referred to by its metonym *Banakastër*) is the official workplace and residence of the president. Located in Banakastër village in Astina Municipality, the palace was constructed in 2020, following an act of parliament calling for the construction of a presidential residence in 2013. As an official workplace and residence, the palace houses both the Office of the President in its lower levels, and the private presidential residence for the president, their family, and welcomed guests in its upper levels.

The palace is used for the welcoming of foreign dignitaries to Notosha by the president and their family, while it also houses state functions, press conferences, the signing of international treaties, and operates guided tours throughout the week.

## Election

The president is indirectly elected by the membership of the State Assembly, through a secret ballot, for a five-year term that can only be renewed once. In order to stand for election, candidates must receive an official nomination by at least 5% of the membership of the State Assembly; as parliament's membership is constitutionally mandated to remain at 105 seats, this equates to at least 6 nominations. Members of the State Assembly may nominate only one candidate each, and must submit their nominations through written letters submitted to the president of the State Assembly; nominations cannot be anonymous. Any citizen over 18 years of age may stand in the presidential election assuming they have received a sufficient amount of nominations.

In order to be elected, a candidate must receive at least two-thirds of the secret ballots cast; legislators may also cast blank ballots to oppose all of the candidates, but legislators who abstain from the vote are not included in the tally. If no candidate receives a two-thirds majority in the first round, then the candidate in last place is eliminated, and the vote is held again the following day. This process continues until only one candidate remains; if the sole remaining candidate does not receive a two-thirds majority after ten rounds of voting as the sole candidate, then all candidacies are withdrawn, the president of the State Assembly takes office as *acting* president, and a new election is held in 60 days.

Once elected, the president-elect is constitutionally mandated to resign any political party membership, and must remain unaffiliated throughout their tenure. The president-elect also must resign from any current political offices they hold at the time of their election, as the president is barred from serving dual mandates.

### Oath of office

Before taking office, the president-elect is required to recite an oath of office administered by the judges of the Constitutional Court of Notosha, swearing loyalty to the Constitution of Notosha. The oath is traditionally administered in the municipality of Berkës, where the Notosha War (1997–2000) began. The text of the is defined by an act of parliament enacted in 2010. While nouns in its original version were written in their masculine forms, prior to the inauguration of Ilzebeta Afriti in 2020, the Notoshan Parliament passed a revised act which allowed for female presidents to recite the oath using feminine nouns.

The text of the presidential oath as recited by incumbent president Afriti is below:

Asbanian version:

Unë, (emri), betohem për besnikërinë time të pavdekshme ndaj Kushtetuti i Notoshës, ruajtji i Respublika i Notoshës dhe popullit notoshar. Unë si Presidentë ë Respublikë do të kryej detyrat e mia me përgjegjësi, në dobi të notoshanëve dhe të gjithë notoshanëve. Kështu që më ndihmo Zoti.

Ditrovian version:

I, (name), hereby swear my undying loyalty to the Constitution of Notosha, the preservation of the Republic of Notosha, and the Notoshan people. As President of the Republic, I will carry out my duties responsibly, to the benefit of the Notoshan people and all Notoshan citizens. So help me God.

## Immunity and impeachment

The president of Notosha enjoys presidential immunity – the president may not be arrested, nor can criminal charges be brought against the president without approval from the Constitutional Court. The only cases in which presidential immunity does not apply is if the president is caught in the act of committing a crime deemed violent in nature; if this is the case, the Constitutional Court must be immediately notified following the arrest of the president, or the president must be released.

However, the president may be removed from office through impeachment if found to violate any aspect of the Constitution of Notosha. Impeachment proceedings are initiated in the State Assembly by a two-thirds vote of the legislature's membership. If this succeeds, a trial is held in the Constitutional Court, with the judges of the Constitutional Court deciding whether the president may remain in office, or whether they violated the constitution and must be removed from office; any decision to remove the president from office requires a simple majority in the Constitutional Court. If removed, the president's term is terminated immediately, and they may be arrested and tried for any criminal violations during their term in office. Removal from office also bars the president from holding any future public offices within Notosha.

## Vacancy or incapacity

In the case of brief incapacitation to execute the office of the President of Notosha, such as illness, parental leave, or vacations, the president may temporarily transfer powers to the president of the State Assembly to act as their deputy. During this period, the president of the State Assembly does not have access to the full array of presidential powers. The deputization can be revoked by the president at any point upon their return to capacity. In the case of long-term incapacitation or illness, the president of the State Assembly becomes *acting* president, pursuant to a decision from the Constitutional Court upon request from the government.

In the case of death or resignation of the president, or in cases where the Constitutional Court removes the president from office through impeachment proceedings, the president of the State Assembly becomes *acting* president. In these such cases, new legislation is countersigned by the prime minister instead of the president and a new presidential election must be held within 60 days.

## Post-presidency

Following an act of parliament in 2019, former presidents are entitled to an office and two full-time staff members, paid for by the state, once they leave office. Additionally, former presidents are assigned a driver, an official car, and a personal bodyguard. The government is required to provide these benefits to a former president within 30 days of the official request.

The office of Zgur Xhanari is located in Astina, and employs a public relations officer and a personal assistant. Xhanari additionally welcomes foreign dignitaries to Notosha in his office, and takes trips abroad to meet officials and deliver lectures at various conferences and events.