Constitutional Court: The decision is made after all claims are reviewed

The decision on the appeal of the Serbian List against the election of the fifth deputy speaker of the Assembly will be made after reviewing all constitutional aspects of the claims made by the submitting party, the Constitutional Court said. The court did not announce whether it will issue an interim measure, as requested by this political entity. The appeal by the Serbian List was filed on Thursday, even though the constitutional deadline for the government mandate began to run a day after Nenad Rašić was elected deputy speaker.

The Constitutional Court has confirmed that it is reviewing the appeal of the Serbian List regarding the election of the deputy speaker of the Assembly from the ranks of the Serb community and that the decision will be made after reviewing all claims. The appeal was filed a day ago by the largest Serb entity in the Assembly, while the constitutional deadline for the government mandate is running out.

"This request is currently being processed by the Court. The decision will be made after reviewing all constitutional aspects of the claims made in the request by the submitting party, in accordance with the Constitution, the Law on the Constitutional Court and the Rules of Procedure of the Court," the Constitutional Court's response states.

The Serbian List claims that the Constitution, the Rules of Procedure of the Assembly, and the previous Constitutional Court ruling on the same issue have been violated. It has also requested the imposition of a temporary measure to prevent, as they say, unconstitutional actions that could cause irreversible damage.

But the Constitutional Court did not indicate whether they are considering imposing such a measure.

The ninth legislature was declared constituted on October 10, with the election of Nenad Rašić as vice president from the ranks of the Serbian community.

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His election was made after the nine candidacies of the Serbian List were exhausted, with three votes each.

A day after Rashiq's election, Kosovo President Vjosa Osmani mandated the leader of the Vetëvendosje Movement, Albin Kurti, to form a new government. He has nine days to present the composition and program of the new government to the Parliament.

To elect the Government, 61 votes of deputies are needed.

In the February 9 elections, LVV won 48 seats in the 120-member Parliament.

If Kurti fails to secure the necessary 61 votes by October 26, then Osmani, according to the laws, is obliged to invite the political parties to consultations once again within 10 days, and to decide, at her discretion, on the next prime minister, if she proves that she has the numbers to form the Government.

The next prime minister should also have 15 days to present the composition of the government cabinet to the Assembly.

If the Government is not elected a second time, then the President of Kosovo shall call for elections, which must be held no later than forty days from the date of their announcement.

Vullnet Bugaqku from the Kosovo Democratic Institute (KDI) said that the Constitutional Court's decision on the Serbian List's appeal could stop the formation of the Government.

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"Normally, a request is submitted to impose a temporary measure so that there are no legal consequences in the future regarding the actions that may be taken by the deputies of the Assembly, but also by the president, as well as the prime minister himself for the formation of the government. Whether there will be a temporary measure remains to be seen if the Constitutional Court of Kosovo deems it necessary. Usually, the Court in these cases decides ex officio, even at the request of the parties, but also officially decides to grant a temporary measure to suspend the effects, so to speak, of the legal actions of the deputies and the Assembly as a whole," said Bugaqku.

He added that he believes that next week there will be an announcement from the Constitutional Court whether an interim measure will eventually be imposed regarding the further progress of government formation.

"The request has been submitted, and I believe that this request should be handled as quickly as possible in such a way as not to allow us to enter another phase or enter another procedure of government formation and hypothetically if it is found that there is a Constitutional violation, then the Court should decide to annul all the consequences or all those actions that have taken place as a result of the violation of the Constitution," he added.

According to Bugaqku, if the Court finds a constitutional violation, any subsequent action by the institutions may be declared invalid.

"So it stands to reason that both the presidential decree and the formation of the government, if it were to happen, could be annulled and declared unconstitutional," he stressed.

The Constitutional Court had also addressed a complaint previously submitted by the Serbian List regarding the issue of deputy speakers, after the Speaker of the Assembly had declared the Assembly constituted without electing a fifth deputy speaker from the ranks of the Serb community.

On September 5, the Constitutional Court, after accepting the complaint from the Serbian List, suspended the work of the Assembly for 25 days by issuing a decision on an interim measure.

And in the published full judgment, the Court found that the Assembly was not constituted, requiring the deputies to elect the deputy speaker from among the Serb community, in order to pave the way for the formation of the Government.

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The Constitutional Court's decision stated that the proposal for the vice-president from among the non-majority communities must be made by the majority or the largest number of deputies from among the deputies from the Serb community, but did not allow a blocking veto.

After the Serbian List exhausted its candidacies, the Speaker of Parliament Dimal Basha asked them to also propose an MP who does not belong to the List's parliamentary group. Since the entity supported by official Belgrade refused to do so, the candidacy of Nenad Rašić was put to the vote, who received the necessary votes for deputy speaker of the Assembly.