The Constitutional Court states: Parliament is not constitutionalised without Serbian deputy chairman

The Constitutional Court has ruled that the Assembly of Kosovo has not been constitutionalised, as the chief parliamentr, Dimal Basha and Vetevendosje Movement have said, and has given 12 days to elect Serbian deputy chairman.

Full decision:

Court, unanimous, has decided:

T Um... DEATH, acceptable demand;

BE CONSTATTE, which the Assembly Convention hearing, launched on April 15th 2025, has not ended as a result of the election of the deputy head of the Parliament from the ranks of Serb community deputies, and the Parliament has not been conditioned in accordance with the definitions of Article 1 [Zedjam and Mandati] paragraph 1 and Article 4 of Article 67 [The election of the President and the Subheads] of the Constitution of the Republic of Kosovo;

T Um... U n THREE, for the Assembly Convention hearing to be concluded within the deadline set by Article 1 in Article 66 [the elections and Mandati] of the Constitution of the Republic of Kosovo and according to the Court Act in cases of KO193/25 and KO196/25, within the remaining 12 (two days) deadline from the entry into force of this verdict;

T Um... U n THREE, all elected deputies of the Republic of Kosovo, who are in accordance with Article 4 [The Foundation of Governance and Power Division], Article 7 [Vlerat], paragraph 4 of Article 67 [The Election of Chairman and Vice Presidents], and Article 74 [Road of the Constitution] of the Republic of Kosovo, which during the election procedure of the Parliament's deputy head of the Republic of Kosovo from the ranks of MPs of the Serb community, exercise their constitutional position in the best interest of the Republic and Kosovo Constitution; and the Constitution of the Parliament;

T Um... V ALHAH, the provisional measure, which has entered into force from September 5, 2025, to the entry into force of this Act;

Tʹ U n A UNDER this Act on the sides;

T A PUBLIOUS this Act in the Official Journal of the Republic of Kosovo, in accordance with Article 4 of Article 20 (Proverbs) of Law No. 03 L-21 for the Constitutional Court of the Republic of Kosovo;

BE CONSTATIONS that this Act comes into force on the day of publication by the Constitutional Court of the Republic of Kosovo and the announcement of the parties, except for the device point V, which enters into force immediately.

Meanwhile, the country's president, Vjosa Osmani, said on 9 September that once the interim measure expires, she will take steps to invite the winning election party to appoint the mandater for forming the government.

The decision on the interim move does not prejudge the final decision in the case, but meanwhile prohibits any institutional action related to the government's election. With the end of this move, I will invite the first party to proceed with the usual procedures”, Osmani said.

On the other hand, incumbent Prime Minister Albin Kurti has been very critical of this Constitutional decision. He has considered the move an unnecessary intervention that, according to him, has blocked all 120 Parliament deputies for 25 days, forcing “to recover”.

Kurti accused the Constitutional Court of acting as a “political extension” of the opposition against Vetevendosje Movement. He said the move was meaningless and harmful, and compared it to an absurd medical decision that would introduce judges to “health truce”.