The opposition Democratic Party of Kosovo turned to the Constitutional Court on Monday, asking it to impose an interim measure on the new legislative body until it determines whether the constitutive process was conducted in accordance with constitutional norms.
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Sunday’s constitutive session of the Assembly was held without the PDK, which was entitled to the post of second deputy speaker. The party boycotted the session, accusing the majority of violating procedures, and did not nominate its candidate.
The complaint, filed on behalf of the political party, was submitted by MPs Arian Tahiri and Përparim Gruda, together with lawyer Faton Fetahu, during the early hours of Monday.
Speaking to journalists after filing the case, Arian Tahiri stressed the need for the interim measure to be approved in advance to avoid more serious legal and institutional consequences. He added that the new executive, which emerged from a legislature with fundamental legality issues, also risks issuing unlawful acts.
Përparim Gruda explained that the party had previously been reluctant to pursue this course of action, but because the situation had spiraled out of control and the current government was openly acting outside the constitutional framework, they had no other alternative. He accused the Vetëvendosje Movement of benefiting from the continued failure to comply with legal deadlines.
The complaint concerns the manner in which the Assembly Presidency was elected, alleging that those in power disregarded constitutional provisions governing the convening and conduct of the legislature’s constitutive process. According to the PDK MPs, the majority failed to comply with the 30-day deadline for constituting the Assembly, as well as the procedural requirement to hold sessions every 48 hours until the process was completed.
Based on a Constitutional Court ruling from the previous year, the maximum deadline for forming the legislature is 30 days from the certification of the election results. That deadline expired on August 7, 2026.
Immediately after the Assembly was declared constituted, later that same afternoon, it also approved the new government cabinet at a session from which the Democratic Party, the Alliance and the Democratic League of Kosovo withdrew.
Gruda also announced that on Tuesday the PDK would file a new complaint with the Constitutional Court concerning the procedure for forming the executive. He warned that the legislature cannot be allowed to elect the highest state bodies amid serious constitutional concerns.
The process of constituting the Assembly was finalized on Sunday morning, immediately after the election of the deputy speakers allocated to the LDK and the non-majority communities. Earlier, at Friday’s session, the speaker and first deputy speaker from the Vetëvendosje Movement had been elected.
The Democratic Party was also absent from this session, having previously withdrawn Vlora Çitaku’s candidacy due to a lack of support from the LVV at the previous day’s session. Although the Vetëvendosje Movement announced on Saturday evening that it would support Ms. Çitaku, the PDK refused to participate.
Assembly Speaker Albulena Haxhiu said during the session that no political party could hold the institution’s functioning hostage and proceeded with the process. Kujtim Shala, the LDK’s candidate for deputy speaker, subsequently received 75 votes. After eight unsuccessful attempts by the Serb List, MP Tanja Vujoviq was elected to the post with the support of the LVV and some LDK MPs. Emilija Rexhepi, a representative of the Bosniak community, was elected from among the other non-Serb communities. Following these votes, Speaker Haxhiu declared the constitutive process complete.
A previous Constitutional Court ruling had left open the possibility for the Assembly to exercise its functions even in the absence of one member of the Presidency when that member’s election becomes impossible and decision-making can be secured through a quorum. One example cited was a situation in which a parliamentary group or MP entitled to make a nomination does not exercise that right or deliberately obstructs the procedure.
