If the president blocks, internationals could intervene for second term

Various interpretations are particularly noted when it comes to the right that even the coalition, party or subject taking second place in the elections, have the right to propose the mandater for forming the government.

The mandate's proposal, initially, belongs to the coalition or the political party that wins the elections. As of the recent parliamentary elections on June 11th, it means the PAN coalition, the coalition of the Democratic Party of Kosovo, the Alliance for the Future of Kosovo and the party Initiative, respectively.

Meanwhile, in case the coalition The PAN fails to form the government, remains controversial as to whether it has the right to mandate the Vetevendosje Movement as the second subject to the election result.

Contacters of political developments consider that Kosovo could face a political crisis if the formation of government fails in the first circle and the president does not give this opportunity to someone else.

Albert Krasniqi, Kosovo Democratic Institute analyst, speaking of Radio Free Europe, says that in the second case, the president dares not contest a parliamentary majority if it reaches 61 votes.

“The Constitutional Court's interpretation of the mandate in the second time, although there is emptiness and it is not precisely precise, I think it is clear as long as it shows that in the second time the president's disrepute is not the question of the president's will and personal preferences as to whom he wants to grant the mandate, but it must be based on who has the parliamentary majority in the Parliament and who has the power to create the” government, Krasniqi estimates.

In the event of the blockade, according to Krasniqi, there may also be interference or mediation from the international factor.

If the president is to conduct a blocking action and insist solely on the first party, in his former position, respectively, The PDK, then no doubt the international factor will be mobilized, and through its pressure it will try to unblock the situation. We have seen this in the region and many other countries where democracy has been fragile”, Krasniqi adds.

Kosovo President Hashim Thaci said in an interview for Radio Free Europe that he has received confirmation from the winning election coalition (coalition PAN) and prime minister (Ramush Haradinaj) that the future Kosovo government will be formed without delay.

As far as the coalition mandate is concerned PAN, Ramush Haradinaj, fail to secure votes for forming the government and the possibility that Thaci later gives the candidate mandate of the Vetevendosje Movement, Albin Kurti, President Thaci said he can neither predict future developments.

Political analyst Imer Mushkolaj says that if the coalition of the Democratic Party of Kosovo, Alliance for the Future of Kosovo and the party Initiative [on the ground] PAN] fails to establish the government, the president must give him the opportunity to another parliamentary majority, which can form the government.

He thinks the 2014 Constitutional Court's decision is very clear and that, according to him, there is a sufficient basis for how to take place in cases of granting mandate to a political coalition or subject.

The country's “president has the constitutional competencies and the discretion guaranteed to the Constitution to decide if the government's establishment on the part of the winning subject fails, in this case by the PAN” coalition.

The president is obliged in case of this situation to bear responsibility for establishing institutions of parliamentary majority in the Kosovo Assembly, respectively, another candidate, who could be a candidate from the same winning subject or another candidate. So, the president in this case should use his discretion very correctly so as to establish institutions and avoid new elections at all costs, says Mushkolaj.

Even Mushkolaj does not rule out the possibility that both the international factor and the formation of institutions will be involved in the process.

“As there have been repeatedly cases, not only in Kosovo, but also in the countries of the region, there can be involvement so that institutions can be created as soon as possible. All political parties need to know that Kosovo does not have the luxury of procrastinating without the need to establish institutions”, Muskolaj points out.

On the basis of the political agreement, it is expected that the winning party or coalition will propose the mandate for forming the Kosovo government.

Later, the president of the Republic proposes to the Parliament the candidate for prime minister, in consultation with the political party or the coalition that has won the necessary majority in the Assembly to form Government.

The candidate for prime minister, not later than 15 days after the appointment, represents the composition of the government before the Kosovo Assembly and requires approval by the Parliament.

The government is considered elected if it receives the majority of votes of all Kosovo Assembly deputies (61 votes).

If the proposed composition of the Government does not receive the most necessary votes, the president of the Republic of Kosovo, within ten (10) days, appoints the other candidate according to the same procedure.

If not the second time the government is elected, then the president of Kosovo announces the elections, which should be held no later than 40 (40) days from the day of their proclamation.