Article 95 and Article 5 of the Constitution, starting for the formation of the new government

The motion of distrust of the Kurti Government, the week we left behind, according to Article 95, point 5 of the Constitution of Kosovo considers the Government to be down, causing the same rules not to apply as in post-election legal and political situations.

A judge of the Constitutional Court of Kosovo, under the condition of anonymity, has told Periscope that since there has been a successful vote of the Non-confidence motion, the current government is considered a government in resignation.

According to the same source, this is not the legal and post-election political situation, so the same rules do not apply. The move this time, according to him, should be Article 95 and its 5th in the Constitution of Kosovo, which points out whether the prime minister resigns or for other reasons, his/her post remains at large, the Government falls and the president of the Republic of Kosovo, in consultation with political parties or the coalition that has won the majority in the Parliament, mandates the new candidate, to form Government.

The “is up to the country's president to decide on the distribution of the Assembly and the appointment of the election date or to mandate a new candidate, following consultations with parliamentary parties, on forming the new government”, he has said.

“in this case, so if the president decides to avoid elections and formation of the new government, the Constitutional Court of 2014 verdicts are the only guides. Figuratively, in such a situation, the president can appoint any political leader who estimates he may have the majority of MPs in the Assembly”, further added this source.

He has said the process does not turn to zero point, as some analysts are declaring, as the winner of the elections has consumed his right and lost legitimacy.

The “cannot go back to zero, because that Government has produced effects with its decision making. According to this judicial logic, even all its decisions would have to be converted to zero”, he said.

Whatever the case, to decide about the new mandate, Thaci has also mentioned several dominant criteria that he will discuss with parliamentary parties. It should call all parliamentary parties for consultations, and depending on the outcome of those consultations, it should take the next steps in accordance with the constitution. /Periscopi/