The Constitution obliges MPs to constitute the Assembly within 30 days.

The Constitutional Court has cleared the way for the constitutive session to be called after the publication of the full Judgment in the Official Gazette, which obliges the deputies to constitute the Assembly within 30 days from Tuesday. In the clarification provided for the candidate that the winning party must propose, the Constitutional Court has concluded that the continuous proposal for a vote on the name for Speaker of the Assembly should not serve as a blocking mechanism, as it has taken into account the election of the President and the Ombudsman.

The Constitutional Court of Kosovo published the full verdict regarding the blockade in the Assembly on Monday and the same was also published in the official gazette, thus paving the way for the continuation of the constitutive session.

The Constitutional Court has given the justifications that the deputies of the Assembly of Kosovo must elect the new head of the legislative body through open voting and within 30 days, a deadline that begins on Tuesday.

According to the verdict, the move to a secret ballot, which the Vetëvendosje Movement insisted on, was not supported by other entities, consequently the chairperson was ordered to continue with item 3 of the agenda from the next session - proceeding with the vote on the Speaker of Parliament.

The Constitutional Court has also clarified the limitation of voting for the candidate for speaker of parliament to only three times, a point for which Vetëvendosje had accused her of inventing a new norm.

"In this context, the Court considers that the continuous proposal for voting for the same candidate for Speaker of the Assembly by the largest parliamentary group should not serve as a blocking mechanism that would prevent the achievement of a majority of votes of all deputies. For this purpose, the Court assesses that the definition of an unblocking mechanism for the proposal of the candidate for Speaker of the Assembly is considered necessary and would essentially serve the fulfillment of the constitutional obligation for the constitution of the Assembly and the beginning of its functioning as a representative body of the sovereign. In light of this elaboration, the Court assesses that in the event of failure to achieve a majority of votes of all deputies for the election of the Speaker of the Assembly, the voting for the candidate proposed for Speaker of the Assembly may only be carried out up to 3 (three) times for the same candidate," the judgment states.

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The Court made this finding by taking as an example the election of leaders of other institutions.

"The Court also links this finding to the constitutional and legal provisions regarding the voting of the heads of other institutions by the Assembly (see Article 86 [Election of the President] of the Constitution and Article 9 (Election of the Ombudsman) of Law No. 05/L019 on the Ombudsman), a process that takes place within a specified period and through a reasonable number of voting rounds. Therefore, the Court assesses that limiting the possibility of voting for the same candidate for Speaker of the Assembly up to 3 (three) times is considered a mechanism and opportunity for the elected deputies, in the spirit of constructive cooperation, in the spirit of exercising their constitutional mandate according to the provisions of the Constitution, to achieve the fulfillment of their constitutional obligations for the election of the Speaker of the Assembly," the judgment further states.

The Constitutional Court has found that the elected deputies have not implemented the previous Judgment, that of June 26, and consequently has declared all the continuations of the session held from June 27 to July 26 invalid.

But the Constitutional Court in the Judgment does not mention the possible legal consequences if the deputies do not constitute the Assembly within the specified deadline.

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The Constitutional Court in the full judgment also announced that on August 7, Judge Radomir Laban had requested to be excluded from deciding on the cases submitted by the PDK and LDK, which the Constitutional Court has joined, as well as in the one submitted by President Osmani.

For Laban,  Kosovo's president, Vjosa Osmani, held a press conference where she stated that security institutions considered it a threat to the constitutional order of Kosovo. For this reason, she decided to withdraw the request for interpretation from the Constitutional Court.