If Kurti fails, the second termant can be given to anyone who creates new majority

The issue is clarified with the Constitutional Court's decision on July 1, 2014, and the country does not go to the polls if the first mandate fails to create the new Government.

If the candidate proposed for prime minister does not get the necessary votes under this Constitutional Court decision, President Republic, in his discretion, according to Article 95, paragraph 4 of the Constitution, nominated the next candidate for prime minister, following consultation with parties or coalitions (registered in accordance with the General Election Law) that have met the aforementioned criteria. So, with parties or coalitions that are registered as the electoral subject in accordance with the General Election Law, which has the name on election balloting, which has participated in the elections and has passed the threshold.

However, at the point (e) this decision makes very clear that the president can decide to give anyone the opportunity and put the emphasis on other parties, while he also mentions that the president may decide to again give the party or the first coalition a chance.

“It is not excluded for the president of the Republic to decide to give the first party or coalition, according to Article 95, paragraph 1 of the Constitution, the possibility to propose the next candidate for Prime Minister”, says at this point in the Constitutional Court's decision.

But, articulation “itself is not excluded for the president of the Republic to decide to give the first party or coalition” is done with exclusive language, treating this only as a possible option.

Analysts close to Vetevendosje Movement are interpreting President Thaci's letter to PDK Chairman Kadri Veseli, who was chairman of PAN in recent governance, following Prime Minister Ramush Haradinaj's resignation, but that letter has nothing to do with our current reality.

In the case of Haradinaj's resignation, after accepting the Special Court's invitation, the government was not disbanded and the coalition PAN had neither split nor lost most in the Kosovo Assembly. While, in the case of the government's failure to establish by the first mandate, it is due precisely to its failure to follow the majority in the Kosovo Assembly. Furthermore, in the Constitutional Court's decision as it refers to the president's discussion of the mandate's appointment in the second time, it is said that it is the president's responsibility to preserve the country's stability and find the dominant criteria for forming the new government in order to avoid elections.

So, the emphasis is precisely on avoiding elections, and this should determine the president's decision to second term. /Periscope