The Kosovo Institute for Justice, while assessing that several constitutional violations are being committed with the recent political movements, 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.
In a reaction after the chairman of the constitutive session, Avni Dehari, scheduled its continuation for Saturday, one day after the constitutional deadline, the KLI said that institutions cannot function based on political interpretations or the lack of sanctions.
The KLI has assessed that the failure to reconvene the Assembly today, 30 days after the certification of the election results, constitutes a violation of the Constitution, the Rules of Procedure of the Assembly, and the judgments of the Constitutional Court.
"The thirty-day deadline began with the certification of the election results on July 8. Within this deadline, the Assembly must conclude the constitutive session with the election of the Speaker and Deputy Speakers. The August 6 session was interrupted after the request of the acting Prime Minister, Albin Kurti, for additional time for negotiations on the election of the President. However, the election of the President is a separate process and cannot be set as a precondition for the constitution of the Assembly. No debate is held in the constitutive session. Political negotiations must take place outside it and cannot suspend the fulfillment of a constitutional obligation. Although the deadline has been violated, the Constitution does not stipulate the automatic dissolution of the Assembly, the repetition of elections or any direct consequences for the chairman of the session. The lack of a sanction does not legalize the violation, but neither does it prevent the continuation of the process," the reaction states.
The KLI has said that MPs should nevertheless complete the constitution tomorrow without further delay.
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"Therefore, MPs from all parties should participate in the session tomorrow, vote for the Speaker and Deputy Speakers and complete the constitution without further delay. Violating the deadline should not be used as an excuse for a new boycott or blockade. If MPs consider that the interruption of the session and the passing of the deadline have violated the Constitution, the matter should be sent to the Constitutional Court," the reaction states.
The KLI has also assessed the exercise of ministerial functions by elected MPs as a serious problem.
"In Judgment PAnr.09/2025, the Supreme Court has determined that, from the moment of certification of the results, the elected person is considered a deputy and cannot simultaneously exercise the function of a minister. Incumbent ministers who were elected deputies were supposed to complete their executive functions before the certification of the results. This did not happen either before the certification or before the oath-taking on August 6. The continuation of the exercise of two incompatible functions is contrary to Article 72 of the Constitution, the separation of powers and the standard set by the Supreme Court," the reaction states.
Meanwhile, the most urgent issue has been the status of the Speaker of the Assembly of the previous legislature, Albulena Haxhiu, who has also been acting president since April 4 due to her function as Speaker of Parliament. According to the IKL, with the convening of the constitutive session, Haxhiu's mandate has ended and the country is now in a "serious institutional problem."
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“In practice, the mandate of the Speaker of the previous legislature continues only until the constitutive session. With the convocation and commencement of the constitutive session of the new legislature, Albulena Haxhiu’s mandate as Speaker of the Assembly has ended. With the end of this mandate, the constitutional basis on which she exercised the office of President has also ceased. The Constitution recognizes this competence to the Speaker of the Assembly and not to its former Speaker. The Speaker of the constitutive session is not the Speaker of the Assembly and cannot automatically assume the office of President. Until the Assembly elects the new Speaker, the country is in a serious institutional problem. Despite this conclusion, even if it were claimed that the Acting President, Albulena Haxhiu, could continue to exercise her office, Article 90 of the Constitution limits this period to no more than six months. Consequently, she cannot exercise this function under any circumstances after October 5 2026," the response says.
The KLI has assessed that any decision that may be taken by Haxhiu as acting president may become the subject of constitutional review by the Constitutional Court.
