Yesterday failed session:

The Kosovo Assembly on Tuesday has failed to constitute the composition of the new legislature, which has emerged from parliamentary elections that were held on February 9th.

The elected MPs failed to pass the first point of the agenda, approval of the interim Commission's report on verification of mandates and quorum, reports Radio Free Europe.

The PDK, the LDK and the AAK have voted against the report because, according to them, members of the incumbent government who have been elected MPs have not in time handed their resignations from executive posts, as envisioned by the Government Law.

Article 26 of this law stipulates that the executive members, who have been elected MPs, should resign from office to executive one day before their certificate of the Central Election Commission.

Albin Kurti, the leader of the Vetevendosje Movement, which has won the election, on April 15th has sent the chairman of the past Parliament, Glauk Konjufca, a letter announcing the resignation, which, according to him, has been effective since March 27th, when he has announced to the CEC that “ekkutivi is in charge of/hand droping”, says Periscope.

The CEC certified the election outcome on March 27th.

Is it heading towards institutional crisis?

Volnet Bugakku of the Kosovo Democratic Institute (KDI) tells Radio Free Europe that the reaction of parties that have so far been in opposition was legitimate because elected MPs, who were members of the executive, have not resigned under the law.

“Stated the question of what quality they came to the Kosovo Assembly, knowing that the MP's mandate, under the law in effect in Kosovo, begins from the day of certification of the elections”, points out Bugack, adding that all those elected deputies had long had to offer public resignations from executive posts.

The Kosovo Assembly's regulation stresses that if the session for the constitutionalisation of the legislature is interrupted, outages “cannot be longer than 48 hours”.

Bulaqku says that continuing the constitutional gathering is expected within that deadline and remains to be seen whether political parties will pass the verification phase of mandates, to reach MPs' oath or otherwise, remain in current positions.

And then we can freely perceive we go towards some kind of crisis, because if we don't get through this phase the Commission's fact of document verification, we won't even reach the day of the candidate's proposal for head of the Parliament, which we will not be in the position of taking the oath of MPs”, Bugakku points out.

He adds that KDI has called on MPs from political parties, in particular those of the largest parliamentary party, Vetevendosje Movement, to take all necessary steps for the draft constitution as quickly as possible.

Besar Gergi of the Group for Legal and Political Studies points out to Radio Free Europe that the lack of will by the elected deputies of the Vetevendosje Movement -- who were part of the executive -- to meet the legal requirements, but also the lack of the party's will, which so far were in opposition, to move ahead with technical procedures, have brought the process of converting the Assembly into the stalemate.

So we've already entered a process that has the risk of lasting several weeks, since unfortunately neither the Constitution nor the law details the procedures that must be followed, unless these ceremonial deadlines [no more than 48 hours of suspension of the session] are met. There is no limit to how much [the] 48 hours they are. Hypothetically, it would be endless”, Gergi points out.

According to him, parliamentary parties must ensure a political consensus to reach the completion of the Parliament's constitutionalisation process.

The Comfort for Political Accounting

Kosovo Foreign Affairs Minister Donika Grovalla, who has also won the MP's mandate in the February 9th election, has warned of institutional crisis.

In a presentation on local television, IV1, Gervala has stressed that the repeat voting of the interim Commission's report on the verification of mandates and quorums is not provided with documents and the Kosovo Assembly Rule and that procedures have already been complicated.

We have arrived at a point where it could be completely impossible to continue constitution of this Kuz Nations”, Grovall said.

But, Gergi suggests that the stalemate in the Framework Constitution Process creates a comfort to the Vetevendosje Movement, but also to parties that have so far been in opposition, to calculate the possibilities for creating the parliamentary majority.

Currently, according to him, neither the Vetevendosje Movement nor the parties, which so far were in opposition, do not have this majority, which would pave the way not only for the settlement but also for the formation of the new government.

The “is precisely a purchase of time from both sides, because if the legislature were established, then the time limit would start counting and there would be 15 days for Vetevendosje Movement to establish a government”, Gergi points out.

He adds that even parties that the previous mandate was in opposition are buying out time to calculate possible options between them, for forming the parliamentary majority.

This is about the fact that if the Vetevendosje Movement fails to create Government within 15 days, then the country's president, Vjosa Osmani, could mandate the second party by the most votes in this case The PDK to secure along with other parties, 61 MPs to vote on forming the new government.

But, Bugakku considers that the only way to avoid blocking the House Constitution Process is that members of the current government, who have won the MP's mandate, are publicly presented, but also before the heads of the Parliament's constitutional session, resignations from executive posts.

Then we go back to the session and there all can go according to regular procedures, because there will be no dilemma or doubts whether any MP is exercising both the mandate of the Government member but also the member of the Kosovo Assembly. This is the only solution, or we're stuck in this” situation, Bugakku says.

He adds that if the impasse in the Parliament's constitutionalisation process creates no other space for political action of political subjects, or even early parliamentary elections.

Continued the legislature's constitutional session, according to the Assembly Order, should be made the most distant Wednesday, when the 48-hour suspension deadline expires.