Serious dilemmas have arisen regarding when the Prime Minister and ministers elected as Members of Parliament (MPs) of the Assembly of Kosovo should resign. Civil society is divided on whether this should happen before the certification of the February 9 election results or at the moment of taking the oath as an MP in parliament, KosovaPress reports.
According to the Law on Government, Article 26, point 1: “In case a sitting member of the Government is elected as an MP of the Assembly, they must resign from their position as a member of the Government before the day of the certification of the election results.”
However, the Kosovo Institute for Justice (IKD) argues that resignation is not necessary, though they emphasize that the government will have limited responsibilities after the certification of election results.
The certification of results could take place this week if legal deadlines related to handling complaints are respected.
Researcher Naim Jakaj from IKD told KosovaPress that the Prime Minister and ministers who have been elected as MPs should resign after taking the oath in the legislature. According to him, this ensures that institutions remain functional.
“The government is still in office, and ministers remain in their roles. Therefore, ministers who have been elected as MPs, as well as the Prime Minister, do not need to resign immediately. The law, which was passed in 2022, is weak, as it contains a constitutional provision that has never been applied and can be considered legally ineffective. In essence, it was copied and pasted. Ministers elected as MPs should resign after taking the oath in the Assembly, not a day before the certification of election results.
Article 66 of the Constitution of Kosovo states that the Assembly has a four-year mandate, and the inaugural session must be held within 30 days. If the mandate were to begin based on Article 70, paragraph 2, the Assembly’s term would exceed four years, making it unconstitutional. Therefore, IKD’s interpretation aligns with the logical reading of the Constitution to ensure institutional stability,” Jakaj stated.
However, the Group for Legal and Political Studies (GLPS) holds the opposite view. According to researcher Levik Rashiti, Article 72 of the Constitution states that an MP’s mandate begins on the day of certification of the election results by the Central Election Commission (CEC).
As a result, Rashiti argues that government members elected as MPs must resign before the certification of election results to avoid a constitutional conflict.
“According to Article 72 of the Constitution, which addresses the incompatibility of holding an MP position with other roles, the MP mandate starts on the day of certification by the CEC. Additionally, Article 26, paragraph 1, of the Law on Government states that government members must resign before the certification of results by the CEC, which occurs after final decisions by the Supreme Court.
Resignation must happen before they are certified as MPs; otherwise, it would create an unconstitutional situation. Since the MP mandate begins on the day of certification, it follows that resignation should occur beforehand. Taking the oath comes after certification, and if resignation were delayed until then, it would create a constitutional conflict, as an MP would be simultaneously holding another government position,” Rashiti stated.
Despite their differing views on when resignation should occur, both Jakaj and Rashiti agree that the government will have limited responsibilities after the certification of the February 9 election results.
Researcher Naim Jakaj from IKD explained that the government will no longer be able to propose new legislation, initiate international agreements, or make key appointments after certification.
The Kurti government has now completed exactly four years in office, having taken power on March 22, 2021, according to KosovaPress.
“The government is now considered a caretaker government, with limited functions as defined by the Law on Government. It cannot approve new laws, strategies, concept documents, or international agreements, nor propose appointments to collegial boards or other positions requiring confirmation by the Assembly or the government itself,” Jakaj explained.
Among the current government officials, only Deputy Prime Minister Besnik Bislimi and Minister of Infrastructure Liburn Aliu were not on the ruling Vetëvendosje party’s candidate list for MPs. All other government members have won seats in the ninth legislature of the Assembly./E.Zeqiri
