Waiting for President Thaci's Decision

Since March 25th, when the Kosovo Assembly voted the no-confidence motion against the government, Thaci had called for the Vetevendosje Movement as the winning party of the October 6th, 2019 elections, but also by other parties, to find solutions to forming the new government.

As Radio Free Europe notes, several legal opportunities from Kosovo's president have been considered in recent days, among which three options dominate. Tʹi addresses the Constitutional Court and, under its conviction to make the verdict, gives Albin Kurti and Vetevendosje a deadline for sending the mandate name to the president for forming the government, or for Kosovo's Democratic League directly seeks the name of the prime ministerial candidate, taking into account the lack of response from the winning party (Vetvendosje).

In the first option, it is considered to be completely legal and constitutional, while the other two options are believed to be further challenged by the Vetevendosje Movement at the Constitutional Court.

A New Act by Constitutional Court

President Thaci, during his presentation to the media, has declared that his country regarding the new government will be in line with the Constitution.

Article 95 of the Kosovo Constitution envisions that “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.

This formulation in the Constitution has so far held the president's decision, depending on the Vetevendosje Movement's response, as the winning party of the elections.

The constitution envisions that the winning party sends the president's mandate and, in a 15-day term, from terming the mandate, must form the government with the support of at least 61 votes in the assembly. On the contrary, the winning party fails and the president starts the second round of consultations, so that the country can avoid early elections.

In addition to the Constitutional Court of 2014, there is the Constitutional Court Act, but about forming government. At the time, that thought was called for as the non-profit election parties were aiming to form the government without the winning party at the time, without the Democratic Party of Kosovo.

That act states: “if the candidate proposed for prime minister does not get the necessary votes, president of the Republic, in his disrepute/it, according to Article 95, paragraph 4 of the Constitution, appoints the next candidate for prime minister, following consultation with parties or coalitions (registered in accordance with the Law for General Elections) that have met the above-mentioned criteria, either with parties or coalitions that have been registered as subject to electoral terms for the general elections, has taken the name in the ballot of elections, participated in the election, and has passed the threshold.

Under this indictment it is said that “is not excluded for the president of the Republic to decide to grant the first party or coalition, according to Article 95, paragraph 1 of the Constitution, the possibility to propose the next candidate for prime minister”.

But, to come up with the president's discretion, if he in the second circle would believe the Democratic League of Kosovo forming the government, as the LDK has publicly expressed its goal, the president must make sure that the first opportunity -- the winning party -- is exhausted.

In this respect, REL learns that if the president is to address the Constitution, among other things, he will seek the interpretation of whether the lack of response by Vetevendosje is considered as depleting of constitutional deadlines and evidence to the winning election party that he cannot form the government in order to pass on to the second option.

Every bypass of the winning party in the first circle of government formation efforts, by connoisseurs of the Constitution, is seen as constitutionally problematic.

Last Term for Vetevendosje

At least three letters have been addressed to Albin Kurti by President Hashim Thaci through whom he has been asked to propose the mandater's name for forming the new government. Instead of his name, however, Kurt has returned letters to Thaci, telling him, among other things, that for him, primary commitment is to combat the spread of the coronary. And for the new government, Kurti has written to Thaci that he cannot use “double standards”, suggesting that no new government can be formed, but the country must go to the polls after the coronary pandemic.

This suggestion of Kurt has not changed Thaci's mind, which has warned that this week “will take the last constitutional steps to enable the formation of a new government with full legitimacy by parliament capable of fighting COVID-19 and serving the people”.

In view of Thaci's pledge, it is not ruled out as an option that before considering the deadline for the winning party exhausted, Thaci to head Kurti and Vetevendosje demand that by a specific date and hour, send the candidate name for prime minister and, if not respected, be considered the first circle of government formation efforts has been consumed.

That option, already controversial, according to statements Kurti made, would immediately be challenged at the Constitutional Court.

Passing LDK government mandate

While Vetevendosje has yet to give any sign that it will respond to the Kosovo president's request for sending the mandate name to the new government, the Democratic League of Kosovo and its leader Isa Mustafa have declared there is readiness to form the government without Vetevendosje.

LDK leader Isa Mustafa has said he is awaiting the president's decision.

We still have no invitation when called we'll answer. And to see what the president for the Future of Kosovo, Mustafa, who has already received the support of party structures for achieving the ruling coalition with the Alliance for the Future of Kosovo, the Social Democrat Initiative, the New Kosovo Alliance and minorities.

During this week, the possibility of Thaci passing the mandate for forming government directly was also warned. The LDK, the party that came second in the elections, is showing readiness for government formation.

But, even in this case, Vetevendosje and Kurti have warned Thaci that he will face the Constitutional Act.

Kurti has said that the moment Thaci mandates another political subject for forming the government by bypassing Vetevendosje as the winning party, he will assemble his legal team and prepare the course for the Constitutional Court. He has recalled that the Constitution of Kosovo has the void in the matter, saying that “this constitutional vacuum cannot fill president”.

While Vetevendosje aims to continue the government's term in office until the end of the Corleone pandemic, it has been urged by civil society to take concrete action regarding the government's formation process.

Kosovo's Democratic Institute, through a communique, has called on Vetevendosje, which will soon have to exercise the right to submit the mandate's name for forming the government.

“Consequently, we demand from the Vetevendosje Movement -- which as the winner of the elections -- to hold consultation with other political subjects for new coalition ties and set within a deadline the new mandate to form the government. If LVV does not have the political will to send the name of a mandate for forming the new government, it can exercise the right to reject the mandate, as provided in the 2014 Constitutional Court's act of”, it is said in the KDI communiqué.

Although our Constitution does not set the deadline for the mandate proposal, we consider that any delay in exploiting this constitutional provision can push the country into institutional and constitutional cohesives, and affect the principle of the country's institutional stability, enabling the assembly to exercise its competencies in the election of the” government, KDI points out.

The Kosovo government, formed on the coalition's basis between the Vetevendosje Movement and the Democratic League of Kosovo, was voted into the assembly on 3 February. But, still two months later, these parties failed to continue the coalition, which was followed by the no-confidence motion filed by the Democratic League of Kosovo and voted by the opposition, on 25 March, 2020.

Since then, the Government of Kosovo, according to the Constitution, has been in office, respectively.