The Assembly can be dedicated without LV agreement V-LDK

It has been 13 days since the Central Election Commission (KQZ) has certified the final outcome of early parliamentary elections held on 6 October. While parties aimed at forming the ruling coalition, the Vetevendosje Movement and the Democratic League of Kosovo have failed to reach any agreement about the government, the constitutionalisation of the Assembly, according to law affairs connoisseurs, could or could proceed at any moment.

Following the certificate of election results, the way has opened for the new composition of the Kosovo Assembly and Government.

Article 66 of the Kosovo Constitution envisions the manner of the constitution.

It stipulates that the Assembly is elected by a four-year term, starting on the day of the constitutional session, held within 30 days of its official election results.

Arsim Bajrami, professor of Constitutional Law at the University of Pristina, tells Radio Free Europe that Kosovo's Assembly can be constitutionalised even without reaching a government formation agreement.

There is no constitutional obstacle starting with the Kosovo Assembly binding process. On the basis of the Kosovo Constitution, there is a 30-day deadline within which the assembly should be constitutionalised, and this meeting will be called a day when the assembly can manage to elect the mayor of the assembly and chairmanship. After this constitutional moment starts proceeding with the government's” election, Bajrami said.

The president of the Republic of Kosovo calls the first session of the Assembly. And if he is unable to call the first session, MPs can call the Constituent session themselves.

Professor Bajrami stresses there is also no obstacle for the eventual government coalition to be achieved even after the constitutional assembly of the Parliament.

According to him, the government's mandate, there is later 15 days before the country's president presents the arguments to receive the mandate to lead the executive.

The president must set up a constitutional session, if he does not do so, the parliament with 1/3 of MPs' application can call the session and be constitutionalised according to rules worth”.

So the assembly's constitutionalisation can happen and that's no obstacle to the fact that we still don't have a coalition agreement. The constitution has envisioned the phase until this agreement (for the ruling coalition) can be reached, that is, 15 days after the assembly's constitutionalisation, and after the appointment of the Magyar it is a time for the coalition to be reached and the government must be voted”, Bajrami said.

On the same themes, professor of constitutional legal affairs Mazum Baraliu has another opinion.

He tells Radio Free Europe that without reaching an agreement on the future ruling coalition, it cannot go towards calling for the assembly's constitutionalised session.

There were no coalition agreements and readiness to have 61 seats secured for votes in the Assembly to make the government and receive mandate from the president, domestic institutions cannot be formed”.

So, first it takes the assembly, electing the speaker and other structures, swearing by MPs, and then comes the government's turn on Article 95 of the Constitution, where the potential mandate within 15 days would have to deliver the proposal that has 61 seats and a governing cabinet. It means that it must precede an agreement to have this number of deputies”, Baraliu said.

Kosovo's Assembly has 120 seats, out of them 20 seats, are guaranteed for non-US communities, 10 for the Serb community, and as much for other non-communal communities, respectively.

This institution of its own ranks elects the chairman and five vice-presidents.

The chairman of the assembly is nominated by the largest parliamentary group and elected with the majority of votes of all MPs in the assembly.

And the three vice-presidents, proposed by the three largest parliamentary groups, are elected by the majority of votes of all the MPs in the assembly, while two deputy leaders represent communities that are not majority in the assembly and they are elected by the majority of votes of all MPs.

After the assembly's constitutionalisation, the next procedure follows, that of forming the Kosovo government. Given the Constitution of Kosovo as well as an earlier act of Constitutional Court, the Government of Kosovo can only form the party or coalition that has won the elections.

To form the government, at least 61 MPs are needed.

New Kosovo Government Election

Article 95 of the Constitution envisions the form of government selection. It says that after the elections, the president of the Republic of Kosovo proposes to the assembly 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 the government.

On the basis of the Constitution, the candidate for prime minister -- no later than 15 days after the appointment -- represents the composition of the government before the Kosovo Assembly and requires approval on the part of the legislature.

The government is considered elected if it receives the majority of votes (61 and more) of all Kosovo Assembly deputies. If the proposed composition of the government does not receive the most necessary votes, the president of the Republic of Kosovo, within 10 days he appoints the other candidate under the same procedure. If the government is not elected the second time, then the president of Kosovo announces the elections, which should be held no later than 40 days from the day of their proclamation.

The winning subject of elections could form a post-election coalition in order to achieve the sufficient number of votes in the Assembly for forming the new government.

Political affairs analysts say the Assembly and Government would need to be formed as soon as possible, taking into account the fact that Kosovo functions with an outgoing government as of July.

International representatives in Kosovo have also called for the new government to be formed as soon as Kosovo's Assembly is constitutionalised.

Talks on the future president of Kosovo are said to be overshadowing negotiations on forming the future ruling coalition between the Vetevendosje Movement and the Democratic League of Kosovo.

As both parties in the negotiations say they will continue efforts to reach the agreement, political analysts on the other hand stress that along with the president's position, the key issues for reaching the agreement are two ministries in which, according to them, they are insisting to have the two parties in negotiations. It's about the Ministry of Internal Affairs and Justice.