When the next constitutional session is called these are the conditions to be fulfilled

It has already been two weeks since the break-up of efforts to constitute the ninth legislature, following the provisional measure of the Constitution, which prevented any parliamentary action in this direction until August 8th.

Under the recent ruling, announced on August 8th, MPs now have 30 days to complete the institution process. During this period, the head of the session has the right to call Assembly meetings every 48 hours, or even more often in an effort to elect the Speaker and vice-presidents of the Parliament, as the precondition for its functionality and voting will be open.

Stater of constitutional issues Mazbul Baraliu says the new deadline for the constitution's dedication starts only after three conditions have been met: the publication of the Constitutional Court's full Act, its announcement in the Official Library, and the completion of the provisional measure deadline. He believes that the continuation of the new session, 50th and 5th, will be called very soon.

Baraliu points out that from the moment of the act's entry into force, the 30-day deadline set by the Constitution begins, within which sessions can be called every 48 hours or more, depending on circumstances and technical possibilities.

According to Baraliu, it is legally essential that the decision be announced formally, as the provisional measure remains in force until that happens.

University professor Mazbul Baraliu for Kosova Prees estimates that the quickest publicisation of the decision in the Official Library is urgent.

When the full sentence is published, when it is announced in the official notebook, and when the provisional official measure is passed, when these conditions are met, then the new 30-day term begins. And within that deadline, they can continue their activities for decisions and actions to members of the assembly, either MPs or circumstances or technical opportunities. Otherwise, what is of legal importance is that the decision should be announced in the official notebook. The Constitutional Court has said that the provisional measure still continues until it is declared. Consequently, this means that once the decision is announced on the official page, it comes into force and can be implemented, hence the exact deadline of another 30 days, which this constitutional court has imposed by law. At that time the 48-hour deadlines begin to flow. Within them are three hours, two hours, every five minutes, they can make episodes of members of the Constituent session and continue to consist of the assembly... I believe the decision in the Official Library is coming up, because it's very urgent, it should be done immediately”, Baraliu said.

In addition, political expert Shemsi Jashar stressed that the winning party's first actions -- Vetevendosje Movement -- show a lack of readiness to implement the Constitutional Court's decision. As he says, the LVV should definitely reflect, especially after that decision.

The trial with this decision it made at short points showed what is the path known to the constitution. I think that none of the political subjects, with special emphasis on the LVV, if it is not intended to destroy this democratic system that we have and if it is not aimed at damaging the state of Kosovo, it would certainly have to reflect after publishing the bias. And this 30 days of deadlines already repeated for the third time, it would have to use it to create institutions and move on. Their reaction to the choir, their part of their propaganda, has been disturbing, but also the official LVV position where it attacks the Constitutional Court and expresses disagreement with the decision it has issued”, says Jashar.

Jashari points out that LVV's initial reactions after the Constitutional Court's ruling is announced are sceptical, while it remains to be seen how the situation will develop regarding the act of prejudice.

If we look at initial reactions, it seems that LVV is not ready to apply something that is mandated and comes under a Constitutional Court justice, observing procedures for constitutionalised assembly, or opening up the way for the assembly's constitutionalisation without their participation. Initial reactions are skeptical, although it would be re-confirmed again that LVV does not recognise this judicial system and it does not seem that this democracy system does not strike them for constantly attacking the justice system whenever they are not met... It remains to see how the situation will behave about the decision of the act. But the first reactions from LVV have already become common to be disappointing”, Jashar said.

Meanwhile, lawyer Ardian Bajraktari considers that the latest letter of the Constitutional Act on August 8th is much clearer than the preliminary one.

According to him, it is clear in this act that the technical leader has taken action contrary to the Constitution and regulation of the Parliament's work. To overcome this situation, Bajraktari requires reflection by the winning political subject.

The slide of the Constitutional Court's act published yesterday is much clearer than the preliminary one, and by this the fact that the technical leader has taken action in disparagement with the constitution and assembly's regulation. Overcoming this situation requires reflection at the stage of the process, above all, by the winning political subject. Moreover, it is also clarified that the right of the winning political subject to propose the candidate is not absolute, but there are limits”, Bajraktari says.

Bajraktari stresses that the Constitutional Court's judgments are mandatory to be implemented. He adds that, although there may be discussions on the content of the judgments, they should ultimately be respected and implemented.

“Of course, the judicial judgments of the Constitutional Court are binding on the application of acts that are addressed. Discussions may be related to bias, but in the last instance they must be implemented, as it is extremely disturbing not to implement the eventual judicial judgments of the Constitutional Court”, Bajraktari said.

The Constitutional Court said on Friday, August 8th that MPs should elect the Speaker of the Parliament through open voting. Also, the court decided that an candidacy for the chief parliament would be voted only three times and that the institution of the ninth legislature should be completed within 30 days.

In the published decision, the Constitution said the elected deputies of the Kosovo Parliament have not implemented the June 26th 2025 Act, and therefore all hearings held from June 27th to July 26th 2025 are declared invalid.

Under the decision, all MPs should be present and vote during the election procedure of the Speaker and Vice President of the Parliament.