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Civil society: The Constitutional Court said that the winner's right to propose the speaker of the parliament is not absolute

Albin Kurti in the floor of the Assembly of Kosovo in the review session of the draft budget

Photo: Driton Pacharada

52 civil society organizations have reacted by saying that the institutional blockade is violating the democratic order in Kosovo.

Their response states that the institutional vacuum has hindered the adoption of laws, democratic oversight of the Government, and the handling of urgent issues that affect the lives of citizens.

According to their reaction, the Constitutional Court's judgment restores procedural clarity.

"In this context, the Constitutional Court's Judgment of June 26, 2025 (case KO124/25) was a necessary intervention to address procedural ambiguities and to clearly define the constitutional boundaries and rules of the constitution of the Assembly. The Court reiterated that this procedure is sanctioned by the Constitution, the Rules of Procedure of the Assembly, and parliamentary practices consolidated over the years - and any deviation from them constitutes a violation of the constitutional order," the reaction states.

According to them, the court emphasized that "the winning party of the elections has the right to propose a candidate for Speaker of the Assembly, but this right is not absolute - it is closely linked to the obligation to build a majority through cooperation with other parliamentary groups."

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They said that the chair of the session, Vetëvendosje MP Avni Dehari, deviated from the agreed agenda.

"The meeting of April 8, 2025, held between the Speaker of the Assembly of the previous legislature and representatives of political parties, served as the basis for the preparation of the constitutive session. It clearly defined the agenda and did not foresee a secret ballot. Any action contrary to this agreement is unconstitutional, and as such constitutes a violation of the principles of mutual trust and parliamentary practice. However, Mr. Avni Dehari, as the Chairperson of the session, has deviated from the agreed order, has postponed the procedures, has proposed a commission for a secret ballot without legal basis and has allowed its composition without adequate representation of other parliamentary parties. This constitutes an unacceptable interference in the procedure for the constitution of the Assembly, and the principle of fair parliamentary representation has been violated, transforming this process into a one-party and non-consensual action," the reaction states.

It further states that with his actions, Dehari has not been a facilitator of the democratic process, but has become an instrument of the blockade. "He has violated the principle of neutrality required of a chairperson of the constitutive session," the reaction states.

It further states that the Constitutional Court has emphasized that the Assembly must conclude the constitution process within the 30-day deadline. "Also, the Constitutional Court was clear that the vote for the Speaker of the Assembly must be open, as it has been in every other constitutive session so far. The attempt to impose a secret vote through unilateral means is an unacceptable precedent and violates the integrity of the process," the reaction states.

The reaction states that the comparison with the voting for vice-presidents is unfounded. The rules for vice-presidents are said to stem from the need for political and ethnic representation, while the election of the Speaker of the Assembly is said to be an act of political will that requires consensus and agreement.

"The court has made it clear that both the winning party and other parties must cooperate in good faith to elect the Speaker of the Assembly. Violation of this principle is a violation of the spirit of the Constitution," the reaction states.

According to the reaction, the blockade is deepening.

"On June 28, 2025, during the continuation of the constitutive session, the Constitutional Court's judgment was clearly violated. Through the instrumentalization of the Speaker, the Vetëvendosje Movement is not only refusing cooperation, but is deliberately dragging out the process to impose a unilateral solution - this action is directly unconstitutional. There have already been 39 failed attempts to elect the Speaker of the Assembly - 39 times the session has become a scene of procedural manipulation and narrow party and personal interests, due to an obstructionist approach. Deputies are being denied the right to exercise their function, while citizens are being left without functional representation," the reaction states.

They have called for accountability and the restoration of functionality.

"The Assembly is not anyone's property. It cannot be held hostage by the will of a single political entity. Democracy requires functioning, respect for procedures, and a willingness to compromise. We call on all political parties, and in particular the winning party, to fulfill their constitutional obligations and enable the unblocking of the process. The Assembly must return to function - to adopt laws, to oversee the government, and to represent the citizen's interest," the reaction states.

Response support organizations (alphabetical order)

Advocacy Training & Resource Center (ATRC)

Association of Independent Electronic Media of Kosovo (AMPEK)

Balkan Green Foundation (BGF)

CEL Kosovo

Center for Education and Community Development-Friends

Community Building Mitrovica (CBM)

Community Development Fund (CDF)

Democracy Plus (D+)

Democracy for Development (D4D)

Lumbardhi Foundation

Kosovo Humanitarian Law Fund

Forum for Citizen Initiatives (FIQ)

Germi

Balkan Policy Research Group (BPRG)

goddesses

Initiative for Progress (INPO)

Kosovo Democratic Institute (KDI)

Edutask Institute

Kosovo Institute for Law (KLI)

Prishtina Institute for Political Studies (PIPS)

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Kosovo Institute for Policy Research and Development (KIPRED)

Institute for Social Policy "Musine Kokalari"

Institute for Development Policy (INDEP)

Sekhmet Institute

Coalition of NGOs for Child Protection - KOMF

Kosovo Youth Council

K-W4W

Leadership Development Association Europe

FOL movement

New Social Initiative (NSI)

ACTIVE NGO

Youth Initiative for Human Rights - Kosovo

NGO Activism Roots

NGO EC Ma Ndryshe

NGO EcoZ

Gjethi NGO

NGO Politeia

NGO PONTIS

NGO Torches

The organization COHU!

Kosovo Center for the Rehabilitation of Torture Survivors (KRCT)

Kosovo Center for Gender Studies (KKSGJ)

Center for Advocacy and Democratic Culture (ACDC)

Center for Policy and Advocacy (CPA)

Center for the Development of Social Groups – CSGD

Social Center SWOK Kosovo

GIRL

Kosovo Women's Network (KWG)

AVONET NGO network

Cell Network

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