New Speaker of Parliament expected to exercise Kosovo presidential office

Constitutional experts tell Radio Free Europe that the new leader of the assembly will also take this post, currently exercised by Vjosa Osmani, as speaker of the assembly. She had taken this post on November 5, 2020, following Hashim Thaci's resignation from the presidential post to face charges of war crimes and crimes against humanity filed by the Specialised Prosecutor's Office of Specialised Chambers at The Hague.

Kosovo's constitution clearly stipulates that the post of president could remain with task counsel for only six months -- a deadline that expires on May 5th, 2021.

And since we have such a situation with the president's task officer, the new chairman of the assembly would have to take this task automatically. Although this issue is not tax-definition in the Constitution, it is underachieverable because the principle of analogy” is valid, says Radio Free Europe, Constitutional Law Professor Mazum Baraliu.

However, he says it is questionable whether with the new speaker of the assembly, a new six-month mandate begins, or only the provisional mandate exercised so far by Osman is continued.

The Vetevendosje (LVV) movement has not yet revealed its candidate for mayor, just as it is entitled to be the winner of parliamentary elections. In this election, the LVV won 50.28 per cent of the vote, or 58 seats in the assembly.

LVV chairmanship member Arberie Nagavci told Radio Free Europe that discussions within this party have not yet ended for the name that will guide the assembly. Nagavci did not rule out the possibility of her being one of the mayoral candidates.

“Ende doesn't know. We need to discuss this one more time. It's in the hands of the mayor and of course, Mr. Albin. Kurt discusses these matters in headship, but we still have a final decision. I can't say today, but me and the others, we'll be where we can contribute at least”, Nagavci said.

After the 2019 elections, LVV had nominated Glauk Konjufka in the post of chairman of the assembly, who had been replaced in this position with Vjosa Osman, after reaching an agreement on co-ordination with the Democratic League of Kosovo.

However, the constitutionalisation of the assembly is not a challenge for election winners, as it is a procedure that is very clear legally and based on force in the assembly, subjects nominated their members for leadership.

Options for Government and President

The winners of the February 14th election, LVV leader Albin Kurti and Vjosa Osmani, have started consultative meetings with representatives of political subjects over the creation of new institutions on Monday. The meetings are expected to close Friday, after meeting with the new leader of the Democratic League of Kosovo, Lumir Abdixhiku.

Kurti has repeatedly said that she will not invite any Albanian party into the coalition and that the new government will form with some MPs from non-party communities, excluding the Serbian List.

For Kurt, it seems that there will be no problem forming the new government, as Bosniak, Egyptian and Ashkali deputies have declared they will vote on the new government. The expulsion here still makes Turkish deputies. Flirim Damka, chairman of the Turkish Democratic Party, after Tuesday's meeting with Kurti and Osman, said he and the other MP from among this community, Fidan Yildi, will stay in the hall for the president's vote, but talks on the new government vote will continue until Friday.

The LVV is set to be candidate for president Vjosa Osmani, but for her election, at least 80 deputies must participate in the vote.

Following Monday's meetings with Kurti and Osmani, Democratic Party of Kosovo leader Enver Hoxhaj's taskman and Alliance for the Future of Kosovo leader Ramush Haradinaj have not said whether they will participate in the vote for the president's election.

The LDK's official stance remains to be seen, but the chairman of this political subject, Lumir Abdixhiku, has said on Tuesday in Prekaz, that his party will be constructive.

Professor Mazlum Baraliu considers that the quorum issue for the election of the new president should not be a matter. He says the Constitutional Court has determined that MPs should participate in the plenary hearings.

“On two occasions, the Court has concluded that MPs are obliged and responsible for carrying out their” duties, Baraliu said.

Osmani's Kurti has not yet spoken of the date when they aim to challenge the election of the country's new president at the assembly. But close officials with the process rule out the possibility that the president's election will take place immediately after the assembly is formed.

Even if the assembly immediately after the constitution elects the new president, inauguration is the process that takes time, the transfer of the president's duties from Vjosa Osman to the new chairman of the assembly can therefore not be avoided.

Failure to elect the president after three rounds of voting leads to holding extraordinary elections.