The Constitutional Court has ruled that the constitutive session of the Kosovo Assembly has not ended without the election of the Serbian deputy speaker.
The Constitutional Court has also obliged the deputies to complete the issue of electing a vice-president from this community within 12 days, according to the deadline from the previous judgment.
“TO STATE that the Constitutive Session of the Assembly, which began on 15 April 2025, has not been concluded as a result of the failure to elect the Deputy Speaker of the Assembly from among the deputies of the Serbian community, and the Assembly has not been constituted in accordance with the provisions of paragraph 1 of Article 66 [Election and Mandate] and paragraphs 1 and 4 of Article 67 [Election of the Speaker and Deputy Speakers] of the Constitution of the Republic of Kosovo; III. TO ORDER that the Constituent Session of the Assembly be concluded within the time limit set forth in paragraph 1 of Article 66 [Election and Mandate] of the Constitution of the Republic of Kosovo and pursuant to the Judgment of the Court in cases KO193/25 and KO196/25, respectively within the remaining time limit of 12 (twelve) days from the entry into force of this Judgment.”, reads the announcement.
Today was the last day of the interim measure that the Constitutional Court imposed on the constitution of the Assembly, prohibiting any action or procedure for the formation of the new Government.
The decision was taken on September 6 and was based on the request of 9 deputies of the Serbian List (LS) and the Gorani deputy, Adem Hoxha, regarding the voting method for the deputy speakers of the Assembly from among the non-majority communities. The temporary measure, which entered into force on Friday, will last until September 30, when a final decision on the matter is expected at the latest.
This measure was criticized by the winner of the February 9 elections, the Vetëvendosje Movement (LVV), which has called for moving forward with the formation of a new Government.
Before the Constitutional Court, the Serbian List has contested the procedure for electing deputy chairmen from the communities, the decision to elect the deputy chairwoman from the multiethnic group, Emilja Rexhepi, the procedure for attempting to elect the Serbian deputy chairwoman and all the decisions issued in the constitutive session of August 26 and 28. In this party of Kosovo Serbs, which has the support of official Belgrade, they have argued that just as the LVV, which as the winner of the elections had the right to propose the speaker to the Assembly, the Serbian List, as the winner of the majority of Kosovo Serb votes, has the right to propose the name for the Serbian deputy chairwoman. In the appeal, this entity has requested that the Court find that the Speaker of the Assembly, Dimal Basha, has violated the Constitution and the Rules of Procedure of the Assembly, by separating the voting for the deputy chairmen from the communities and by inviting the multiethnic group before the Serbian community to make the proposal. Another request of the Serbian List is to declare the election of Emilja Rexhepi as vice president unconstitutional and for the Constitutional Court to order Basha to repeat the voting procedure for vice presidents from the communities.
The election of the Serbian deputy speaker has not been achieved, as the Serbian List has insisted on nominating the deputy, Slavko Simić, for this position, even though he has not managed to secure the necessary 61 votes even after three rounds of voting. After this party has not agreed to nominate another candidate, the Speaker of the Parliament Dimal Basha has decided that the candidate will be drawn by lot, according to the Rules of Procedure of the Assembly, to draw another name from the Serbian community. In addition to all the deputies of the Serbian List, the deputy of the Serbian party "For Freedom, Justice and Survival", Nenad Rašić, who is currently a minister in office in Kurti's government, has also been proposed for this position. But Rašić did not receive enough votes in three rounds of voting either.
And after all the Serbian MPs were consumed, Basha unilaterally closed the constitutive session and declared that the Assembly had been constituted.
The constitutive session for the new legislature resulting from the February elections began on April 15. After nearly five months of gridlock, two rulings published by the Constitutional Court, and a temporary measure, Basha of the LVV was elected Speaker of the Assembly on August 26. Subsequently, through joint voting, the deputy speakers from the Albanian parties were also elected: Albulena Haxhiu from the LVV, Vlora Çitaku from the Democratic Party (PDK), and Kujtim Shala from the LDK.
The political impasse occurred because none of the political entities won enough votes to form their own institutions and in the absence of a political agreement.
Incumbent Prime Minister Kurti's LVV won 48 seats in the February 9 elections. PDK came in second with 24 seats secured in the Assembly, LDK third with 20, followed by the Serbian List with 9 MPs and the coalition between the Alliance for the Future of Kosovo (AAK) and the Social Democratic Initiative, with 8.
Another 11 seats belong to minorities.
Miftaraj: Vetevendosje is synonymous with constitutional violations, misgovernance and corruption
The Executive Director of the Kosovo Law Institute (KLI), Ehat Miftaraj, has reacted after the Constitutional Court's announcement regarding the decision on the issue of the constitution of the Assembly.
The Constitutional Court has announced that the Assembly is not constituted after the election of the Serbian Deputy Speaker and has ordered the deputies to complete the constitution of the Assembly within 12 days after the announcement of the verdict.
Miftaraj said that "the Vetevendosje Movement is synonymous with constitutional violations."
"I would be very surprised if LVV understands and implements the Constitution, respects the rule of law, good governance, and fights corruption. Otherwise, LVV is synonymous with constitutional violations, misgovernment, corruption, and subsidies for Fitora's family members. Dejona is now lecturing us on patriotism and constitutional principles through her soldiers," Miftaraj wrote on Facebook.
Shala: The Constitution is clear in the decision to constitute the Assembly
The Constitutional Court has ruled that the constitutive session of the Kosovo Assembly has not ended without the election of the Serbian deputy speaker.
This court also obliges the deputies to complete the issue of electing a vice-president from this community within 12 days, according to the deadline from the previous judgment.
Researcher at the Kosovo Law Institute, Gëzim Shala, said that the Constitutional Court, with its decision today, has clearly shown the legal and constitutional procedures for the constitution of the Assembly.
Shala emphasizes for KosovaPress that today's decision of the Constitutional Court is in line with what IKL had repeatedly said "that without the election of all vice-presidents, including the vice-president from the Serbian community, the Assembly cannot be considered constituted."
"The announcement published by the Constitutional Court has confirmed what we as the KLI have repeatedly said that without the election of all vice-presidents, including the vice-president from the Serbian community, the Assembly cannot be considered constituted. Based on the announcement published by the Constitutional Court, it results that this is a decision that the constitutive session has not ended and consequently, upon the publication of the judgment by the Constitutional Court, which also represents the moment of entry into force of the judgment, the deputies must gather no later than 48 hours to elect the vice-president from the Serbian community. According to the announcement, the Assembly must complete this process within 12 days from the moment of entry into force of the judgment," said Shala.
Shala says that the Constitution is clear in the decision to constitute the Assembly, but according to him, this remains to be seen from the moment the Constitutional Court publishes the full judgment for the next sessions.
"Based on the announcement published by the Constitutional Court, the Constitutional Court has ordered all elected members of the Assembly of Kosovo, in accordance with the constitution during the procedure for electing the Deputy Speaker of the Assembly from among the members of the Serbian community, to exercise their constitutional function in the best interest of the Republic of Kosovo and in accordance with the Constitution and the Rules of Procedure of the Assembly. There may potentially be a series of conclusions and standards regarding this issue that have been addressed by the Constitutional Court, but these remain to be seen from the moment of publication of the full judgment by the Constitutional Court," he added.
Kosovo has not established new institutions even eight months after the conclusion of the February 9 parliamentary elections.
The constitutive session of the Kosovo Assembly was closed on August 30 by the Speaker of Parliament Dimal Basha, even though the deputies failed to elect the deputy speaker from the Serbian community, in addition to electing the speaker and four other deputy speakers of the legislature.
Basha, in his justification, said that he took this action to avoid blocking the state and to continue the work of the Assembly, consequently also to form the government after the parliamentary elections of February 9./KSP
Gashi: The constitutional logic is clear, constitution or elections
Photo: Driton Paçarada
Democratic League of Kosovo MP Arben Gashi said that the Constitutional Court has clearly shown what happens if the Assembly is not constituted within the constitutional deadline.
Through a reaction on Facebook, he added that there are only two paths forward, a constitution or new elections.
Full reaction:
The Constitutional Court issued its decision today regarding the constitution of the Assembly. The message is clear: the Assembly is not considered constituted without the election of a deputy speaker from the ranks of the Serbian community.
From the day the decision enters into force, the Assembly has only 12 days to conclude the process.
The Court has obliged all MPs to exercise their functions in the interest of the Republic of Kosovo, respecting the Constitution and the Rules of Procedure of the Assembly.
The constitutional logic is clear: if the Assembly is not constituted within the constitutional deadline, it is dissolved and the citizens decide again in elections within 45 days. There are no more excuses for political blockades.
So, the path is simple: either the Assembly is constituted, or the country goes to elections.