What's the government's resignation law say?

That was the topic of the day after an unsuccessful effort to forge the Kosovo Assembly. The reason why political parties that were in the opposition until recently refused to accept the resignation that incumbent Prime Minister Albin Kurti handed over to the current Parliament Speaker prior to the Commission's meeting for the Parliament's mandates.

Consequently, they did not vote the commission's report, whose vote would pave the way for MPs to swear and elect the chairman and deputy speaker of the Parliament.

In this text you can learn what Kosovo laws say about the government's resignation.

When does the government's mandate end?

The Law on the Government of Kosovo, adopted by Albin Kurti's last government in 2022, envisions that the government's mandate ends with the completion of the four-year term of the Parliament (which is the case in the current situation), with the successful vote by the Assembly of the no-government motion, the resignation of the prime minister, or the distribution of the Parliament.

Also, the government member's mandate ends if he/she doesn't take the oath, resigns, elected deputy, concludes the government's regular mandate, etc.

What happens if the government member is elected MP?

The Government Law envisions that, if a member of the incumbent government is elected MP of the Parliament, he should resign from the executive member's post before the day of certificate of election results.
So says Article 26 of this law, which concerns incompatibility with the function of member of government and the prevention of conflict of interest.

Certification of the election outcome in Kosovo was made 27 March by the Central Election Commission, and prior to that date there was no resignation from members of government Kurti 2.

Albin Kurti on March 27th wrote on Facebook that his four-year term ended on March 23rd, and claimed that under the Law for Government, there is no need for an additional and formal act of resignation.

He cited the article specifying that the government member's mandate ends if the government's regular mandate ends.

How does the resignation of the government take place, and does it have powers after that?

Under the law, the government in the resignation continues to exercise its responsibilities up to the election of the new government from the Parliament, but with restrictions imposed by law (the following mentioned).

A Government is on the resignation: after the distribution of the Parliament, until the election of the new government; after the prime minister's resignation, or in any other case when the prime minister's post remains at large until the election of the Government; after successful voting of the no-confidence motion against it from Kuwait, until the election of the new government...

As for the restrictions, the law mentions that Government in resignations carried out only the necessary activities planned with the annual plan and the budget law; it does not approve the initiative to link international agreements requiring ratification by the Assembly, does not adopt bills, constitutional amendments, strategies or conceptual documents; it does not initiate new procedures for appointment in public positions; it does not propose candidates for positions requiring appointment by Parliament, etc.

The government in the resignation, however, has the right to propose the Parliament's budget approval. In the event of natural or health disasters, some of these restrictions are no longer valid.

When does the MP's mandate begin?

According to the Kosovo Constitution (Nine 70), the mandate of the Kosovo Parliamentary MP begins on the day of the certificate of election outcome and ends, among other things, when the MP is appointed a member of the Kosovo government.

MP's mandate ends or becomes invalid if: no oath is taken; resigns and appoints member of the Government of Kosovo. /Periscopi/