Kosovo enters judicial uncertainty for institutions

The two recent attempts by MPs to constitutionalise Kosovo's Parliament on Saturday, 26.07, failed, marking a total of 54 failed attempts. The cause: lack of political consensus. Now the 30-day deadline that the Constitutional Court had given MPs the deadline to wrap up the issue of the Parliament's binding has been closed. MPs will no longer be able to meet, nor will they make any decision until August 08th 2025, when the Constitutional Court appointed the interim move until a final decision.

The Constitutional Court is expected to clarify what legal consequences will be for MPs elected in the February nineth parliamentary elections this year.

The Fate of Establishing New Institutions Unclear

The Vetevendosje movement, which came out the first party in the elections with 48 mandates, insisted with its candidate for head of Parliament, Albulen Haxhiu, this unacceptable name for other opposition political parties so far, P DK, LDK, AAK and part of the minorities, including the Srpska list.

“What the citizens were not given through the vote are trying to rob through these” maneuvers, Hekuran Murati from the Vetevendosje Movement said, accusing the opposition parties of blocking the Parliament's constitutionalisation.

Sorry, until the last few hours, despite our efforts, our drive to create institutions, success. We saw opposition deputies again refused to fulfill their constitutional obligation to vote. No chance has been given to MPs through secret voting to create domestic institutions”, Murati said.

Charge of Vetevendosje

The second party chairman, the Democratic Party of Kosovo, PDK, Memli Krasniqi, accusing Vetevendosje Movement as blocking the process, said that “Kosovo now no longer has a functional state.

No options, no reflections on the consequences, no empathy for citizens. Despite the Constitution's clear advice for compromise and trust, the stubbornness of Albin Kurti and his party has been greater than the required responsibility. Even bigger than the state and democracy, and unfortunately Kosovo today is walking in an unknown land, on a dangerous constitutional, institutional and social terrain. In a grey area where the state no longer compasses citizens, they have a clear address”, Krasniqi said.

Even the head of the Democratic League of Kosovo, The LDK, Lumir Abdixhiku, accused incumbent Prime Minister Albin Kurti of not respecting the Constitutional Court's decisions.

I and LDK are very clear. Albin Kurti must be told: Respect the Constitutional Court's decision to ensure clearly not only the right but also the responsibility to create a majority. Albin Kurti must be told: Respect the Supreme Court's firm decision to stop you, your ministers, and the entire cabinet from being MPs and members of the government at the same time. You're an usurper of state institutions now under the Supreme Court's decision and you're standing there alone because this country is still not mature to have a prosecutor and a police officer prohibiting him from doing such a thing”, Abdixhik said.

German Ambassador: Political class failing in front of citizens

As of April 15th, when MPs' attempts at constitutionalisation began and failed in a row, nongovernmental organisations and civil society have repeatedly called on MPs to form new institutions. The ambassadors of the QUINT countries and EU diplomas also joined these calls. Even at Friday's session, they were inside the House Hall, hoping MPs would put interest in the state, not political parties.

EU Ambassador to Kosovo Aivo Ora said that “Kosovo needs a Parliament immediately”, stressing the need then “for a new government that would strengthen relations with Brussels. A new government that will build a new and strong bridge between Kosovo and the EU”, Orav said. Germany's ambassador, Jorn Rohde, said in the same line, who praised that “lax is failing in front of citizens”.

The citizens went out to vote on February 9th and now have nearly six months. It's a disaster that the Assembly is not constitutionalising”, Rohde said.

“This is a red card for the political class”, German ambassador noted. British Ambassador Jonathan Hargrees also called on Kosovo politicians “to join and find a solution to end the” blockade.

Kosovo is entering unknown territory and its citizens continue to lose meaningful political representation and the ability to make important domestic and international decisions affecting the lives of citizens”, Hargrees said.

Unrecoverable damage to Republic of Kosovo constitutional order

The Constitutional Court, after establishing the interim move, said that “if the interim action is not imposed on the decisions and actions of elected deputies of the Republic of Kosovo after July 26th 2025, any decision and action taken after this date until the court's decision regarding demands could cause irreparable damage to the constitutional order of the Republic of Kosovo and the functioning of key institutions in the Republic of Kosovo”.

President Vjosa Osmani, on its part on July 22nd, addressed the Constitutional Court with two requirements: to clarify what the legal consequences are if the Assembly is not constitutionalised by July 26th and for the Constitution to impose temporary measures on the 30-day deadline, until the release of an act on the request for legal consequences. Indiscretion for legal consequences continues, while, until a final decision by the Constitutional Court, Kosovo will not have new institutions. / DW