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The Constitutional Court obliges MPs to constitute the Assembly within 30 days, parties react

2025-06-26 22:31:00, Kosova & Bota CNA

The Constitutional Court obliges MPs to constitute the Assembly within 30 days,

The Constitutional Court of Kosovo ruled that the deputies are obliged to conclude the constitutive session of the Assembly, by electing the Speaker and Deputy Speakers, no later than 30 days. The Constitutional Court has not ruled on the legality of the refusal of the secret ballot.

The constitutive session of the new parliamentary composition resulting from the February elections began on April 15th and so far 37 sessions have been held - but the deputies have not managed to elect the speaker and five vice-speakers.

In the decision, the Constitutional Court said that the constitutive session that began on April 15 is considered incomplete because the president and vice presidents have not yet been elected.

According to the Constitutional Court, based on Article 66 of the Constitution (Election and Mandate), this session should have been concluded within 30 days of the official announcement of the election results.

On March 27, the Central Election Commission certified the results of the February 9 parliamentary elections.

"The court emphasized that the constitutive session of the Assembly is a constitutional act and as such is carried out only after the fulfillment of all essential elements of the constitution, including the election of the president and vice-presidents," the Constitutional Court's decision stated.

What does the verdict say?

In the judgment, the Constitutional Court said that the mandate of the deputy and that of the Assembly are interconnected and the representation of the people by deputies cannot be implemented without the constitution of the Assembly.

Regarding the constitution of the Assembly, the verdict stated that all deputies must vote.

"The election of the Speaker and Deputy Speakers of the Assembly is a prerequisite for the Assembly to begin functioning, and this requires all MPs to be present and vote for the constitution of the Assembly, so that the latter can begin functioning as a legislative, decision-making body as soon as possible," the decision said.

The court recalled that the winning party, in this case, the Vetëvendosje Movement, has the right to propose a candidate for parliamentary speaker. However, the Constitutional Court said that this right is also an obligation for the largest parliamentary group to "cooperate in good faith and consult constructively with other parliamentary groups to find the necessary consensus or compromise."

"This right cannot in any way result in blocking the constitution of the Assembly," the verdict said, adding that this obligation "also applies to other parliamentary groups which, in the spirit of cooperation and constructive consultations, propose candidates for deputy speakers of the Assembly."

The Constitutional Court said that it is the duty and right of all members of the Assembly to find a way to elect the Speaker and Deputy Speakers of the Assembly.

reaction

Hekuran Murati from the Vetëvendosje Movement, commenting on the verdict, said that "secret voting does not violate the Constitution, therefore it is permitted."

"All parties must commit to constituting the Assembly, especially those that propose members to the Presidency of the Assembly. All MPs are obliged to participate in the vote. There is no need to wait 30 days. As of tomorrow, a secret ballot can be held and this work will be done."

But, the leader of the Democratic Party of Kosovo, Memli Krasniqi, said that "the agenda of the constitutive session cannot be changed at will and no one has the right to impose a secret ballot without a constitutional basis and without due process."

"The Constitutional Court provided clarity: the election of the Speaker and Deputy Speakers of the Assembly must take place within 30 days," said Krasniqi.

"We are glad that the Constitutional Court put an end to this deliberate delay game by the VV-Guxo-Alternativa coalition, making it clear that they have no right to block the process and that the Assembly must be constituted within 30 days. This judgment must be implemented immediately. The sooner, the better for the country," he added.

The Democratic League of Kosovo said it welcomes the Constitutional Court's decision, which it said determined that the Vetëvendosje Movement "cannot block the constitution of the Assembly, that it must secure the majority of votes of the deputies or reach consensus with the parliamentary groups."

"Also, as stipulated in Article 187 of the judgment, the chair of the constitutive session must respect the constitutional provisions, Chapter IV of the Rules of Procedure of the Assembly and previous parliamentary practices, as well as return to the agreed scenario of the constitutive session to proceed with an open vote," said the LDK in a reaction published on social media.

Ramush Haradinaj, chairman of the Alliance for the Future of Kosovo, said that this party cannot help but express relief that its request for interpretation and resolution by the Constitutional Court has been "accepted and the Court has issued a decision on this issue, creating a legal basis to break the deadlock."

"I take this opportunity to call on all MPs, regardless of political or party affiliation, to implement this decision of the Constitutional Court and pave the way for the constitution of the Assembly and the creation of the institutions that emerge from the last parliamentary elections," Haradinaj said on Facebook.

The Director of the Balkan Policy Group in Pristina, Naim Rashiti, wrote on social media that once again, the Constitutional Court has saved the state, stopping, as he called it, the efforts of "an irresponsible political caste to destroy the country's political and legal system."

The case was sent to the Constitutional Court by deputies of the Alliance for the Future of Kosovo and several other deputies who were in the opposition last term.

Their request concerned the assessment of the constitutionality of the change of voting by the chairman of the constitutive session, Avni Dehari, from open to secret for the election of the speaker of parliament. However, the Constitutional Court has not ruled on the legality of the refusal of the secret ballot.

The Vetëvendosje Movement, as the winner of the elections, has proposed Albulena Haxhiu for Speaker of Parliament. After she failed to receive the necessary votes in open voting several times, Dehari announced a change to secret voting.

PDK and AAK refuse to vote for Haxhiu, whom they consider a divisive figure. LVV insists that she deserves to be elected to the post, rejecting calls to change the candidate's name.

Since April 15, the constitutive session has continued every 48 hours - except for one case when it was held after 24 hours - and since May, the PDK, LDK and AAK have refused to provide a proposal for the commission that would oversee the secret ballot.

The deputies must elect the president and five vice presidents to finally constitute the new Assembly.

Only after the constitution of the Assembly can the new Government be formed.

This crisis comes after no party won the majority to govern alone and there is a lack of political agreement between them to create a joint majority.

Vetëvendosje came first, winning 48 seats, 13 short of the minimum 61 needed to form a new government on its own. PDK came second with 24 seats, LDK third with 20, AAK-Nisma 8 and Lista Srpska 9./ Rel