Constitutional Court Gives verdict whether Kurti II Government was formed anti-unconstitutionally

The Constitutional Court has rejected claims put forward by Slavko Singleness and 10 other deputies of the Parliament of the Republic of Kosovo, under which the decision to elect the Government is not in line with Article 96 [the Ministers and Presentation of Communities] of the Constitution, because the Minister of Management of Local Power has not been elected after consulting the majority of MPs who represent communities not majority in the Kosovo Assembly.

In KO 61/21, the subject of the review issue was the assessment of the constitutionality of the Republic of Kosovo's decision. 08/V-005], on March 22nd 2021, for the election of the Government of the Republic of Kosovo. Predators of the motion before the Court claimed the decision on electing the Government was not in line with Article 96 [the Ministry and Presentation of the Congregations] of the Constitution, because the Minister of Management of the Local Power was not elected after consulting the majority of deputies who represent no majority communities in the Kosovo Assembly.

Under the concrete circumstances, the Court stressed that “trest” Minister of the non- majority communities, Minister of Management of Local Power, elected Parliament in the February 14th 2021 elections, declared to represent one of the other not majority communities in the Assembly, respectively.

The court eventually clarified that based on Article 96 of the Constitution, compulsory is consultation with or approval of MPs representing “the community in question”, respectively, MPs representing the Serb community or representing other non-major communities, depending on whether the relevant candidate is the MP of the Parliament or not, rather than the majority of all MPs representing non-mortic communities.

Under the concrete circumstances, the proposed candidate for the minister was deputy of the Parliament, and as a consequence his formal approval was not constitutional, while before the Court there was no claim that the obligation to consult “community in question” was not exhausted.

Therefore, the Court found that Kosovo's controversial decision on electing the government has not been brought against paragraphs 3 and 5 of Article 96 of the Constitution.