Should members of the government resign after the mandate ends?

Albin Kurti and the government cabinet are claiming they have resigned from executive positions since 23 March. That day, the government's four-year term expired.

The resignation, through a letter, Kurt confirmed it to the current head of the Parliament, Glauk Konjufca.

But this letter was contested by the Democratic Party of Kosovo, the Democratic League and the Alliance for the Future of Kosovo.

Refusing to resign, in that form, the MPs of these parties voted against verifying MPs' mandates and subsequently unable to constitutionalise the Assembly on April 15th. In the mid - 17th day of April, MPs were again planted to continue their constitutional session. But she did not produce any results again and was assigned to follow through on April 19th.

But is that enough for Kurt and other executives to resign?

Some connoisseurs believe that it is, although they say that the Law on Government has errors and conflicts with the Constitution.

If the law does not function and the effects of the law are too dangerous for society, then the law is not implemented, but it is resolved with [the past] government practices. What has happened before this, the former prime ministers, how have they acted when they were exercising their assignment? It means they were deputies, have voted for deputies and have been exercising office [in Government], taskeering [full]”, says former Constitutional Court Judge Kadri Kryeziu.

In the Law on Government, Article 26, it is said that when a member of a incumbent government is elected MP should resign from his government post before the day of the certificate of results. So before March 27th.

Throughout the debate over this situation, the fact that the Central Election Commission has certified Kurti as deputies with ministers was cited as a mistake.

But was the CEC wrong here?

Mazlum Baraliu, who formerly led this institution, does not call it a mistake. According to him, this institution has no authority to resign to anyone in Government.

“doesn't write anywhere that [ The CEC is tasked with telling those who have run for deputy to give up their jobs [in Government]. It's not arranged and it's not CEC business this”, he says about RELFollow Periscope.

What did Kurt say about the resignations?

The incumbent Prime Minister, Albin Kurti, at the same time leader of the winning party of the February 9th elections, Vetevendosje Movement, said the party's request -- that the previous mandate was in opposition -- that it resigns and does not appear in the office in the prime minister -- is meaningless.

More than that, it is not possible to resign, more than that would be abandoning the institution, it would be institutional vacuum, without political responsibility and endangerment of national security. It is request and insist on saying that the indiscreet button to leave the house without a homeowner,”, he said during the executive meeting on April 16th.

Other parties insist that the posts of elected MPs government members be led by their deputy during this period.

Kurti said his party is interested in moving forward with the formation of institutions. But parties that the previous mandate was in opposition have accused LVV of dragging this process back, arguing that the winning party does not have 61 votes, as required for the election of the Speaker of the Parliament, and then the formation of the new Kosovo government.

What happens now?

After failing to approve the Commission's report for mandates, Constitutive Session Chairman Avni Dehari addressed the president, Vjosa Osmani, to ask for suggestions on how to proceed. Osman, in a few hours, responded on April 16th, demanding the continuation of the constitutional session within 48 hours, as envisioned in the Parliament's Order.

According to Osmani, even the Constitutional Courts impose deputies “to live, not to block the formation of institutions, as well as to find their way forward to the constitution of the Assembly”.

The parties participated in the session, but went to it with similar positions. At the start of the session's continuation, LVV leader Avni Dehari invited political party representatives to the consultations. After saying there was no consensus on how to proceed, he interrupted the session and appointed it to continue on Saturday.

The LVV said the PDK, LDK and AAK are blocking the constitution of the Parliament, but similar accusations were led by Kurti's party. They argued that LVV, with the extension of the session for 48 hours, is “buys time for political shopping”, as, according to them, the winning election party does not have the majority.

If the first point of the agenda is passed on Saturday, the MPs will be able to swear, then elect the vice-president and thus complete the constitution of the 9th Parliament legislature. Only after that would the constitutional deadlines begin for the formation of the new Kosovo government. Neither party has won enough votes to govern on its own, so achieving a ruling coalition seems the inevitable option.

Tomorrow's third attempt at the constitution after failing twice