The Speaker of the 11th legislature, Avni Dehari, has informed the new deputies that the constitutive session will continue on Saturday at 11 am.
Thus, the works will take place beyond the deadline defined by the Constitutional Court, according to which the constitution of the Assembly must be completed within 30 days of the certification of the election results. The 30-day period ended on Friday.
The decision has been interpreted as unconstitutional by opposition party MPs and civil society actors. The Constitution, which defined this deadline, has not described any consequences for MPs or the legislature in the event that it fails to be constituted within 30 days after the certification of the election results.
MPs from the hitherto opposition parties, the Democratic Party, the Democratic League and the Alliance, have continuously called for the Assembly to be constituted on August 7, since the announcement of the Assembly's session on Friday.
Meanwhile, the monitor of the work of the Assembly, Eugen Cakolli, has emphasized that the scheduling of the continuation of the constitutive session for Saturday constitutes a clear violation and direct infringement of the constitutional order. According to him, the deputies should address the Constitutional Court.
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"This decision and all this behavior constitute a procedural violation, a constitutional violation and a failure to implement the judgment of the Constitutional Court. Therefore, immediately after midnight, at least ten deputies should address the Constitutional Court, contest the decision to schedule the session after the deadline and the inactions of August 6 and 7, as well as request a temporary measure to suspend tomorrow's session before 11:00", requested Eugen Cakolli, senior researcher at KDI.
The Kosovo Law Institute has also considered the issue of scheduling the session for Saturday, beyond the constitutional deadline, a serious constitutional violation. The KLI has assessed that several constitutional violations are being committed with the recent political movements, and has demanded the immediate constitution of the Assembly, the termination of the exercise of ministerial positions by MPs and the respect of the constitutional limits of the exercise of the president's office.
Failure to conclude the session during the day, according to Constitutional Law lecturer Ditar Kabashi, constitutes a circumvention of the Constitution.
"If the Assembly is not constituted by midnight, then the text of the Constitution and the judgment of the Constitutional Court will be ignored. A meta-constitutional procedure will be initiated, that is, beyond the constitution," Kabashi said on KTV on Friday.
According to him, violating the deadline does not produce constitutional consequences for the new legislature or for the new MPs.
"Since there is no legal sanction, it remains in the political will, and the political will must be manifested through the re-convening of the session," he said.
The session began on Thursday, but was interrupted at the request of the leader of the Self-Determination Movement, Albin Kurti, who stated the need for more time for negotiations between political parties, with the aim of reaching an agreement on the president. But, according to the Group for Legal and Political Studies, the issue of the president cannot be used as an excuse to suspend or postpone the fulfillment of a constitutional obligation.
On Friday, Kurti also had a meeting with LDK leader Lumir Abdixhiku. LVV leader Albin Kurti said that there are drastic differences between LDK's demands and the results of the June 7 elections. Abdixhiku said that VV's offer is unacceptable and undignified.
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The session is scheduled to continue on Saturday. The decision is interpreted as a constitutional violation.
The LDK has 18 MPs, while the signatures of at least 30 lawmakers are required for candidacy.
The VV has 53 MPs. As the only one, it can form a majority for the government and the parliament only with the parties of the minority communities. For the president, 80 MPs are needed in the hall in the first two rounds of voting.
