President within 34 days or elections on June 7th at the latest

President Vjosa Osmani's decree, by which she dissolved the Parliament, has been overturned, on the grounds that she did not elect a president at least 30 days before her term ends. The Constitutional Court has declared this decree ineffective, and has given lawmakers 34 days to elect a head of state. In case of failure, the tenth legislature is dissolved and early elections must be organized within 45 days.

The Constitutional Court has given the Assembly 34 days to elect a new president. Otherwise, according to the ruling published on Wednesday, the Assembly will be dissolved and early elections will be organized within 45 days.

The judgment addressed the request of the Government and the head of the Vetëvendosje parliamentary group, Arbërie Nagavci, and 30 other MPs, who requested the assessment of the constitutionality of President Vjosa Osmani's decree, with which she dissolved the tenth legislature on March 6, on the grounds that she had failed to elect a president one month before the end of the current one's term.

In the second point of the judgment, the Constitutional Court found that "Decree [no. 24/2026] of March 6, 2026 of the President of the Republic of Kosovo does not produce any legal effect."

And, in the next two points, he described the actions that could be taken by MPs.

“To determine that the members of the Assembly of the Republic of Kosovo shall have thirty-four (34) days from the date of entry into force of this judgment to conduct and complete the procedure for the election of the President of the Republic of Kosovo,” the third point states. “To determine that in the event that the Assembly fails to elect the President within the period specified in point III of the enacting terms of this judgment, based on subparagraph 3 of paragraph 1 of Article 82 [Dissolution of the Assembly] of the Constitution of the Republic of Kosovo, the Assembly shall be dissolved ex constitutione, and consequently, early elections for the Assembly shall be held within forty-five (45) days, as determined by paragraph 2 of Article 66 [Election and Mandate] and paragraph 6 of Article 86 [Election of the President] of the Constitution of the Republic of Kosovo,” the fourth point continues.

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If there is no president within this period defined by the Constitution, then based on the deadlines described in the judgment, citizens must head to the ballot boxes by June 7.
The constitution requires the Assembly to elect a new president no later than 30 days before the end of the term of the incumbent president. This deadline expired on March 5, the day during which a session for the president was organized, which was boycotted by the opposition parties, the Democratic Party, the Democratic League, the Alliance for the Future of Kosovo and the Serbian List. Due to the lack of a quorum, the vote did not take place. 

And the next day, President Vjosa Osmani issued a decree dissolving the Parliament.
But, since the decree was challenged in the Constitutional Court, and a few days later the court imposed a temporary measure, Osmani has not announced a date for early elections. 

The court has repealed the interim measure, a decision that restores the mandate of the deputies of the tenth legislature.

The Court, as the subject of the claims, had as its object the assessment of the constitutionality of the contested decree, which the claimants alleged was not in compliance with paragraphs 1 and 3 of Article 4 [Form of Government and Separation of Powers], Article 7 [Values], Article 16 [Supremacy of the Constitution], subparagraph 3 of paragraph 1 of Article 82 [Dissolution of the Assembly], paragraph 2 of Article 84 [Powers of the President] and paragraph 2 of Article 86 [Election of the President] of the Constitution.

In the judgment, the Constitutional Court justified the verdict. It emphasized that in its practice to date, it has not provided a direct and definitive interpretation regarding the interaction between subparagraph 3 of paragraph 1 of Article 82, which states that the Assembly is dissolved if, within 60 days from the date of the start of the election procedure, the president is not elected, and paragraph 2 of Article 86, according to which the election of the president must take place no later than 30 days before the end of the current president's term.

"The Court considers that the reading and interpretation of these two constitutional provisions cannot be done properly if they are treated outside the constitutional context in which they must be applied. If the two aforementioned provisions are read textually and in conjunction with each other, two concrete conclusions can be drawn: First, that the Assembly is dissolved ex constitutione if it fails to elect the president within sixty (60) days, starting from the day the election procedure begins; and, second, that the Assembly has the obligation to elect the new president at least thirty (30) days before the end of the current president's term," the reasoning of the judgment states. "In this way, the Assembly has the right to have sixty (60) days at its disposal to conduct the procedure for electing the president, on the one hand, while on the other hand, it also has the obligation, when there is a current president in constitutional office, to elect his successor no later than thirty (30) days before the end of the current president's term."

According to the court, if the Assembly has had 60 days to conduct the procedure for electing the president before the 30-day deadline, when the new president must be elected, and his election is not completed, then subparagraph 3 of paragraph 1 of Article 82 of the Constitution is activated, and the Assembly is dissolved “ex constitutione”. In this circumstance, according to the court, early elections must be held within 45 days from the day of the dissolution of the Assembly.

According to the court, this applies to cases where the Assembly is constituted and functional.

But the tenth legislature was constituted less than a month before the deadline, within which the president had to be elected.

“The Court notes that the Constitution has not expressly specified the circumstances of when the procedure for electing a new president begins and ends, in circumstances where there is no constituted and functional Assembly, and when during this period the mandate of the president ends. Regarding the deadline for the constitution of the Assembly, the Court has already found that based on the interpretation of paragraph 1 of Article 66 [Election and Mandate] of the Constitution, the Constitutive Session of the Assembly is a constitutional act that must be successfully completed within thirty (30) days from the date of the official announcement of the election results, through the fulfillment of all essential elements of the constitution of the Assembly (see, case KO124/25, cited above, paragraph 145)”, it states in point 161.

“In the specific context of the circumstances of a dissolved and not yet constituted Assembly, the Court, based on the above interpretation and the purpose of the constitutional norms, determined through subparagraph 3 of paragraph 1 of Article 82 in conjunction with paragraph 2 of Article 86 of the Constitution, assesses that the procedure for the election of the President should begin from the day of the constitution of the Assembly and be completed at the latest within sixty (60) days from the day of the commencement of the procedure for the election of the President”, continues in paragraph 162.

Based on this, the court calculated the deadline of 60 days from the date the new legislature began its mandate and stated that if it does not elect a president within 60 days, it must be dissolved. This time did not include the days from the March 5 session until the issuance of the judgment. Therefore, it left 34 days for the deputies to elect a president.

In the March 5 session to elect the president, the Assembly suspended the election process due to the lack of the necessary quorum. Two Vetëvendosje candidates, Glauk Konjufca and Fatmire Mulhaxha-Kollçaku, were presented, as negotiations for a consensual name between representatives of the main political parties failed.

To elect the president, in the first two rounds of voting, 80 votes must be in the box and in the third, at least 61. 66 MPs from the ruling coalition were present in the hall, while those from the opposition were absent.

After the session was adjourned, the Speaker of the Assembly, Albulena Haxhiu, addressed the Constitutional Court with a request to suspend the constitutional deadlines for electing the president.

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"We have just addressed the Constitutional Court regarding the assessment of the constitutionality of the procedure for electing the President of the Republic of Kosovo. Also, through this request, we have requested that the Constitutional Court impose a temporary measure to suspend the constitutional deadline related to the procedure for electing the President, until the publication of the judgment. I have also notified President Vjosa Osmani-Sadriu regarding this," she announced.

In Wednesday's ruling, the Constitutional Court did not address the issue raised by Speaker Haxhiu. However, it did not state definitively whether MPs are obliged to remain in the chamber and participate in the vote during the presidential election process, as has been emphasized in previous rulings.

“The Court recalls that the Constitution in Article 70 [Mandate of Deputies] stipulates that deputies, as elected representatives of the people, are not subject to any binding mandate, and has specifically defined the grounds for the termination or loss of the status of a deputy. Also, based on Article 74 [Exercise of Function] of the Constitution, deputies assume the responsibility to exercise their representative mandate in the best interest of the Republic of Kosovo and in accordance with the formal requirements set out in the Constitution, laws and the Rules of Procedure of the Assembly (see, case KO124/25, cited above, paragraphs 130 and 190). According to the Court, what the deputies consider to be in the best interest of the Republic of Kosovo in terms of politics and public policies, is entirely in the will and decision of the deputies of the Assembly”, it is stated in point 175 of the judgment. "As long as the Constitution is respected, every decision of the elected officials and at the same time representatives of the people must be respected, and the Constitution clearly stipulates that deputies are not subject to any binding mandate."

The Court emphasized that in the circumstances of the specific case, specifically regarding the procedure for electing the president, the Constitution has given the deputies all the necessary space to find a way to provide the state with a new president, and the people with a representative and symbol of unity, within the framework of the guarantees of the non-binding mandate and the requirements to exercise their mandate in the best interest of the Republic of Kosovo, in accordance with the procedure established by the Constitution and further clarified in judicial practice, such as in cases KO29/11 and KO47/16.

Presidency: Osmani has not committed any constitutional violation

The Presidency has announced that President Vjosa Osmani has “welcomed” the Constitutional Court’s ruling, through which her decree to dissolve the Assembly was overturned. However, in the statement issued after the ruling was announced, it was said that it “confirms the legal arguments submitted by the Presidency to the Constitutional Court regarding this case, and confirms that President Osmani has not committed any constitutional violation.”

"The court, in no paragraph of its judgment, has found a violation of the Constitution by the president. On the contrary, it has confirmed that it is not the decree that leads the country to new elections, but it is the failure of the Assembly to elect a new president that causes this election process," the statement says. "Political statements about alleged constitutional violations show both a misinterpretation of the judgment, but also extreme politicization of a situation already clarified by the Constitutional Court: that the failure to elect the country's president is the responsibility of the deputies and as a result of the lack of political will to reach a consensus on the election of the president."

According to the statement, the president welcomes the 34-day deadline given to MPs and has called on them to urgently fulfill their constitutional obligation to elect the head of state. She has invited the Assembly to set the date of the new session to elect the new president as early as tomorrow.

Nagavci: It was confirmed that the decree was unconstitutional

The chairwoman of the Vetëvendosje parliamentary group, Arbërie Nagavci, said that the Constitutional Court's verdict has confirmed that the decree announced by President Osmani to dissolve the Parliament is contrary to the Constitution.

"Actions in institutional positions must be carried out with high responsibility and without personal resentment," she wrote in reaction. "This moment should serve as a time for reflection and engagement of the people's elected representatives, so that the country does not enter a new crisis and a repeated election cycle."

Nagavci stressed that in the coming days, everyone must commit to electing the president and avoiding another election, which he said is unnecessary and unfair.

Abdixhiku: The Constitutional Court did not find any violations

The leader of the LDK, Lumir Abdixhiku, said that the Constitutional Court's decision has brought necessary clarity at an important institutional moment for the country. He stressed that the party he leads fully respects this decision and considers it a guide for further political actions.

However, he stressed that "the actions of the President of the Republic, including her decree, have been in the function of preserving the constitutional order and avoiding an institutional vacuum, in an unclear legal situation."

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"The Constitutional Court's judgment, in addition to not finding any constitutional violation, offers the final interpretation on this issue, an interpretation that must be respected by all," he said.

Abdixhiku stressed that the decision does not create an advantage for anyone. He said that in the absence of a political agreement for the next 34 days, the LDK will enter any new electoral process united and prepared.