The temporary measure imposed by the Constitutional Court has entered into force, prohibiting the MPs from taking any actions or decisions regarding the constitution of the Assembly until August 8, 2025.
Saturday was the last opportunity for MPs to constitute the ninth legislature within the deadline set by the Constitutional Court. This institution had ordered lawmakers to form the Assembly within a 30-day period, that is, by July 26.
On Saturday, MPs gathered twice—at 14:00 and again at 22:00 —but without success. As usual, the session was held upon the request of the chair of the session, Vetëvendosje MP Avni Dehari, to form a committee that would allow for a secret ballot to elect the Speaker of the Assembly. This was once again opposed by other parliamentary parties.
Kosovo held elections on February 9 but remains without new institutions due to the failure to constitute the Assembly, which is a prerequisite for forming the government.
The constitutive session began on April 15.
The process stalled over the position of Assembly Speaker, for which Vetëvendosje, in coalition with Guxo, and Alternativa, proposed MP Albulena Haxhiu. Other parties consider her an unacceptable candidate.
Haxhiu failed six times in a row to gain the necessary support of 61 votes in an open vote. Sessions continued with attempts at a secret ballot, all of which failed.
On July 24, the Constitutional Court imposed a temporary measure until August 8. Now, MPs cannot take any action until that date.
The Court justified its decision by stating that if the temporary measure were not imposed, any actions taken after July 26 could cause irreparable harm to the constitutional order of the Republic of Kosovo.
The Constitutional Court issued this decision because it is currently reviewing two cases related to the constitution of the Assembly, submitted by the Democratic Party of Kosovo and the Democratic League of Kosovo. These parties believe that the recent session continuations were conducted unconstitutionally.
In the coming days, the Constitutional Court is expected to clarify the legal consequences for the elected MPs and outline the next steps.
Former President of the Constitutional Court, Enver Hasani, stated that ordering new elections due to the parliamentary deadlock would seriously compromise the institution of the Assembly.
In a written interview for KosovaPress on Saturday, Hasani said that without the constitution of the Assembly, extraordinary elections cannot be held, even if the 30-day deadline set by the Constitutional Court—requiring MPs to constitute the ninth legislature by July 26—is exceeded.
Hasani added that in its final ruling after the expiration of the temporary measure on August 8, the Constitutional Court will likely find that everything up until the change of agenda by chair session Avni Dehari was in accordance with the Constitution. However, since May 1—when secret voting for the Speaker was proposed—a state of unconstitutionality began, which must now be addressed by the Court.
According to him, even if it were theoretically accepted that the Assembly was formally constituted, the Constitutional Court would neither be able to nor should it issue an order to dissolve the Assembly or organize elections.
He emphasized that the decree for going to elections, in the event of a crisis, can only occur as a constitutional sanction, through the process of decertifying the initially elected representatives of the people.
On July 22, President Vjosa Osmani also addressed the Constitutional Court, requesting clarification of the legal consequences if the Assembly is not constituted by July 26, and asking for a temporary measure regarding the 30-day deadline.
Calls for the constitution of the Assembly have come not only from the President but also from non-governmental organizations and ambassadors of Western countries. /KosovaPress/
