Kosovo in institutional dilemma: The distribution, government duty?

After the Assembly failed to elect the new president at the March 5th session, the current president, Vjosa Osmani, handed out the tenth legislature.

After the decree was issued, Osmani met with party leaders for consultations on the date of the elections -- the meeting in which the ruling party, the Vetevendosje Movement -- of Prime Minister Albin Kurti.

This party handed over the decree in question for review at the Constitutional Court, while Osman's cabinet confirmed that the president will expect its answer to the election date set.

“If the Constitutional Court deems it necessary to set a temporary measure, the presidency welcomes it, reaffirming that the move at no time does not prejudge the court's final decision regarding the constitutionality of decree”, President Bekim Cupina's media adviser, said.

According to the Vetevendosje Movement, President Osmani's decree is unconstitutional.

“in a democratic state, no institution and no host of public office can operate on the Constitution or outside of it”, LVV deputy chief Arberie Nagavci said in announcing that she has addressed the Constitution in the case, on 9 March.

Constitution confirmed for RELHe's accepted a request from the Vetevendosje Movement.

What happens to the House?

On March 6th, when the 10th legislature was disbanded, the Assembly held no hearings and no parliamentary committee meetings.

Prime Minister Kurti told reporters that day that the distribution of the Assembly has been unable to hold a session scheduled for the same day, in which several international agreements were expected to be ratified.

Parliament Speaker Albulen Haxhiu said she cannot call sessions until the president's decree remains in effect.

If there is a decree to distribute the Assembly, the Assembly cannot continue its work. If the Constitutional Court will take temporary measures, of course the circumstances will change”, Haxhiu said on 9 March.

Opposition parties did not answer the REL question if they would submit comments to the Constitutional Court in the case of the presidential decree, while publicly supported its decision.

Is the Government in resignation?

Article 30 of the Law on Government says the executive is considered in resignation after the distribution of the Parliament.

But the same law envisions that the current government will continue its task with certain restrictions until the new government is resolved.

Government Did Not Answer REL if it is acting with government status in resignation, but Prime Minister Kurti continued the appointment of three deputy ministers even after the Parliament was distributed.

Naim Jakaj, from the Kosovo Institute for Justice, says the law forbids the Government in resignations to initiate procedures for new appointments in public positions.

Hence, according to him, the appointments of deputy ministers and other high government positions are problematic from a legal standpoint.

Such statements may be considered not only political, but also unlegal, judicially, as they exceed the competencies allowed to exercise a government in resignation. In addition to the procedures that have been launched, they must be completed”, Jakaaj explains Radio Free Europe.

What is the state's situation?

The 10th legislature managed to approve the budget for 2026 and several international agreements, which they were waiting for about a year.

Jakaj estimates there are a large number of independent institutions that continue to operate with task agents or with mandates completed.

These include: The Independent Commission for Media, the Kosovo Radio Television Board, as well as the Ombudsman and his five deputies, who are exercising the post on temporary mandate.

“If the country goes to the elections and the process of constitutionalising institutions extends, there is the risk that these institutions will remain paralyzed for a long period, creating serious consequences for the normal functioning of the state”, Jakaj says.

Another problem is the composition of the Central Election Commission.

The General Election Law requires parliamentary groups to propose CEC membership candidates within 30 days of election certificates.

The last date for this is March 11th, while the mandate of new members begins on April 11th.

But how can parliamentary groups give names when the Assembly has been distributed?

According to Jakaj, the president can directly address political subjects that have won seats in recent elections, given the CEC's certified results.

However, this situation shows a practical vacuum in legislation, because the law is written assuming the existence of parliamentary groups. In periods of institutional transition, both after elections and prior to the new Assembly's institution, institutions must rely on functional interpretation of the law, to avoid blocking important processes such as the CEC's composition of”, Jakaj says.

Currently, the country is awaiting yet another Constitutional Court ruling for the decision by the Parliament Speaker to suspend the constitutional deadline for the president's election.

Jakaj stresses that the Law for the Constitutional Court does not specify a strict deadline for decision-making in such cases.

“From the practice so far, the Constitutional Court usually acts with urgency, due to the sensitive nature and institutional consequences such a situation could have, according to him.

He adds that the Constitutional Court may initially decide temporary measures in order to avoid the irreparable institutional damage “and then bring a final decision on constitutionality of the decree.

The Constitutional Court's decision will determine whether the country moves towards elections or another institutional situation arises. / REL