IKD: The incumbent government cannot be led by MPs

Kosovo's Institute for Justice (IKD) has reacted to the situation created at the Kosovo Parliament's Constituent session, which was suspended due to the failure of the Commission's Commission for Mandas Verification Report and lack of quorum.

The IKD blames legal irregularities, and particularly the lack of the incumbent Prime Minister Albin Kurti's resignation and cabinet members as an obstacle to forming new institutions.

According to the IKD, problem stems from the Law on Government No. 08/L-17, which does not clearly regulate the moment when members of the government should resign after the election as MPs. The institute stresses that in line with the constitutional spirit, the resignation should take place immediately after taking the oath as MPs.

“Initially, the IKD has consistently stressed that the uncertainty over the issue of resignation of cabinet members have been created as a result of the adequate disobedience of the Law on Government No.08/ L-17 for the Government of the Republic of Kosovo. In addition, the IKD has repeatedly stressed that in the spirit of functioning of institutions, constitutional and legal provisions in this situation should be interpreted in a manner that members of the government should resign at the moment of taking the oath as MP.

Letter delivered by Prime Minister in charge, Mr. Albin Kurti, it's not an act of resignation. Mr. Kurti that his government has equal status with the incumbent government is worth the Government as an institution and not as its head. The completion of the prime minister's announcement shows his intention to continue leading the government in office even as an MP.

According to the NR.08/ L-117 for the Government of the Republic of Kosovo, the prime minister must resign at the moment of his oath as deputy. From this moment on, the Government will continue to function as government in resignations, but that it cannot be led by Mr. Kurt. The lead in this case goes to the deputy. The incumbent government and ministerial posts are led by deputy. Ministers. Exceptions take the cases when a minister has not been elected deputy, in this case, he may continue to exercise task”, it says. IKD response- of.

Moreover, The IKD stresses that the letter of resignation should be clear, directed not by former Parliament Speaker Glauk Konjufca, but by the chairman of the constitutional session in this case, the oldest MP, Avni Dehari.

<x) The same letter should not be addressed to former Speaker of the Parliament, Mr. Glauk Konjufca. Actually, until the election of the new Speaker of the Parliament. On this issue, the letter of resignation should be addressed to the head of the Constituent session, which according to the Parliament Rule should be the oldest deputy, in which case is Mr. Avni Dehari.

All in the end, The IKD called on all political parties, which by respecting the Constitution and the laws in force, to constitute the Republic of Kosovo's Assembly as soon as possible, and the way is opened for the formation of new institutions”, it is further said in response./Periscopi/