On August 6, the formation of new institutions will be able to begin after the elections on June 7. On the first Thursday of August, the constitutive session of the new legislature of the Assembly will be held.
Acting President Albulena Haxhiu announced on Friday that she has decided that the session will not be held earlier than 10:00 am on August 6, with the aim of giving political parties time to continue the dialogue for an agreement on the election of the president.
Based on the Constitutional Court's decision, the constitution of the new legislature must take place no later than 30 days from the officialization of the election results. Based on this, the last day for deputies to take the oath and elect the Speaker and Deputy Speakers of the Assembly is August 7.
Although the Constitution has not described any legal consequences if the Assembly is not constituted within 30 days, it has described such consequences if the president is not elected within 60 days. This deadline begins to run from the moment the legislature is constituted, and if the head of state is not elected, the Assembly is dissolved.
Eugen Cakolli, a researcher at the Kosovo Democratic Institute (KDI), has assessed that scheduling the constitutive session at the end of the constitutional term creates a problem for the 60-day deadline for electing the president, risking that Kosovo will remain both without a functional Assembly and without an acting president.
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Constituent session set, parties face presidential deadline
"The Constitutional Court has determined that in circumstances where the Assembly has not yet been constituted, this deadline begins from its constitution. This means that August 6 activates the deadline, August 7 is counted as the first day, while October 5 is the 60th day, consequently, the last day for the election of the president. On October 4, the six-month period of the President's term of office ends. If the procedure for electing the president goes until the 60th day, on October 5, and eventually fails, then the Assembly will be dissolved since the period of the President's term of office has already ended," Cakolli said.
The Vetëvendosje Movement has secured 53 seats in these elections. Together with MPs from the communities, it has the sufficient number of votes to elect the speaker of parliament and the government (61 minimum). While for the election of the president, at least 80 MPs are required to participate in the voting in the first two rounds.
In the event that the president is not elected within 60 days, the Assembly is dissolved and early elections are organized.
The LVV had made an offer to the opposition, before the snap elections were announced, to provide three names as presidential candidates, with the promise that one of them would be voted for by the party's MPs. However, this proposal was not given.
Based on the criteria set by this party, candidates must not be party members.
And, the beginning of this term must be preceded by the constitution of the Assembly.
The August 7 deadline for the constitution stems from the Constitutional Court's ruling, published on June 25, 2025, when there was a deadlock in the Assembly.
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The constitutive session is held on August 6th.
Article 66 of the Constitution stipulates that “the Assembly of Kosovo shall be elected for a four-year term, starting from the day of the constitutive session, which shall be held within thirty (30) days of the official announcement of the election results.”
Meanwhile, based on the interpretation made by the Constitutional Court, the term "holding" the constitutive session means that it is concluded within 30 days after the certification of the result. And the result of the June 7 elections was made on July 8.
"The court, returning to the provisions of paragraph 1 of Article 66 of the Constitution, emphasizes that the very structure of this constitutional provision implies that holding the constitutive session within the thirty (30) day period is not a formal or indicative possibility, but a constitutional obligation closely related to the beginning of the mandate of the new legislature," the judgment states. “The requirement from paragraph 1 of Article 66 of the Constitution, that the Assembly hold the Constitutive Session within thirty (30) days does not mean only that the elected deputies must physically gather in the hall. The meaning of this norm must be substantial and functional, implying that within this deadline all constitutional actions resulting in the constitution of the Assembly must be carried out. These include: (i) verification of the mandates of the elected deputies, (ii) taking the oath by them (iii) election of the President of the Assembly and (iv) election of the Vice-Presidents of the Assembly. Having said this, the Court reiterates that without the successful completion of these constitutional actions, the Assembly cannot be considered legally constituted and, consequently, cannot exercise any of the functions assigned to it by the Constitution.”
The results of the February 9, 2025 elections were certified on March 27, the constitutional session began on April 15 – and the president and four vice presidents were elected on August 26 – 152 days after certification. However, during this period, the Constitutional Court had issued two judgments declaring most of the sessions invalid and, according to the Constitutional Court, the 30-day deadline had not been exceeded.
On the issue of the formation of institutions, after the certification of the result, Kurti had invited for consultations the representatives of the three ranked parties in the June 7 elections, behind the political entity he leads: the leader of the Democratic Party (PDK) Bedri Hamza, the leader of the Democratic League (LDK) Lumir Abdixhiku, and the leader of the Alliance, Ardian Gjini.
Gjini refused, while after the meeting Hamza said that PDK will remain in opposition and that it is up to LVV to find partners to secure the votes for the formation of institutions.
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The constitution of the new legislature beyond August 7, without consequences for the deputies
Abdixhiku expressed hope for an agreement and agreed with Kurti to continue the meetings, in order to reach a final agreement on the institutions. However, he suspended the negotiations, after more than a third of the members of the LDK Assembly signed the request for an extraordinary meeting, which will have Abdixhiku's dismissal on the agenda. LDK officials have emphasized that the meeting will be called before August 7, but so far no date has been confirmed.
The LDK has secured 18 MPs in the new legislature.