Tomorrow expires the provisional measure of the Constitution, what is expected to happen after September 30th?

Tomorrow expires the provisional measure of the Constitution, what is expected to happen after September 30th?

On Tuesday, September 30th, the provisional measure imposed by the Constitutional Court of Kosovo officially ends, which since 5 September has suspended all actions and decisions by Kosovo's Parliament deputies, including procedures for forming the Government. This measure was taken after the complaint filed by the List [...]

The move was taken after the complaint filed by the Serbian List, which rejected the way the Assembly's Constituent session was developed, especially in the fact that the Assembly was declared constitutionally free of the Serbian community's election of deputy chairman. The Serbian list described this as a violation of constitutional procedures, while the head of the Assembly, Dimal Basha, declared the constitution's constitutionalisation as complete despite lack of voting for the Serbian representative in office.

However, with the deadline coming to an end, it remains unclear what the following steps from local institutions will be.

The Speaker of the Assembly, Dimal Basha, has given no concrete answers on how it will be conducted after September 30th. Asked on September 16th, he was content to repeat the position that the Assembly is already under construction. I think you've seen that announcement. It's been introduced to Parliament”, he said, without offering any more details.

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”.

With the deadline ending on September 30th, expectations are that the country's institutions, including the presidency and the Parliament, resume the process interrupted due to the move. According to warnings, President Osmani will immediately invite the first party to propose the mandate for forming the government, which would pave the way for new political developments in the country.

However, the Constitutional Court's final ruling in question has not yet been made public, so uncertainty remains. If the Constitution decides that the Assembly was not constitutionalised in accordance with the Constitution, then new procedure steps will be required that could further delay the formation of the new government.

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