After the completion of appeal procedures and the certification of the election results, the third week of July appears to be the most optimal time to convene the constitutive session of the Assembly of Kosovo, according to Eugen Cakolli of Democracy in Action.
He told EO that the vote-counting process was conducted properly and that no irregularities were encountered that could have harmed the integrity of the election result.
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According to Cakolli, Democracy in Action deployed approximately 100 observers across all 38 municipal counting centers, who closely monitored the entire process.
“Democracy in Action engaged around 100 observers distributed across each of the 38 municipal centers, who monitored the progress of the process and the regularity of the counting of candidates’ votes in particular. Data from the field show that, beyond the minor human errors identified also in CEC reports, there were no serious irregularities that could have undermined the integrity and validity of the process, as we saw after the December 28 elections last year. As such, I believe it is now clear that the counting process has produced, first and foremost, accurate and credible results and, secondly, another very important element is that these results appear to reflect almost fully the will of the citizens regarding the elections held on June 7,” he said.
Speaking about complaints related to the elections, he stressed that candidates have the legal right to use all legal remedies available, but added that the practice so far of the Electoral Complaints and Appeals Panel (ECAP) as well as the Supreme Court has set clear standards for handling such cases.
“Naturally, candidates who were part of the race had the right and still have the legal right to file complaints, even if this concerns a limited number of votes. But what matters is that a kind of precedent has now been established by the ECAP, including in previous election cycles, regarding the level of proof that must be provided concerning possible irregularities. In this regard, I believe that the decisions of the ECAP and the Supreme Court on earlier complaints — not the ones we have had most recently — will serve as the basis for decision-making even in cases that may potentially be submitted to the Supreme Court,” he said.
Cakolli believes that the responsible institutions can reach a final decision quickly, thus paving the way for the certification of the results.
“Therefore, I believe that, if not during this weekend, then at the latest in the first days of next week, there may be a decision by the ECAP and the Supreme Court, which is the final concluding step toward the certification of the election results. And that, as such, then constitutes the crucial step, I believe, in the process of forming the institutions. Because, after the certification of the election results, the deadlines for the formation of institutions will begin to run, in particular for the election of the country’s new President and for the election of the Government, and naturally also for the constitution of the Assembly. With the latter, which is the main condition, the 60-day deadline for electing the President and the other respective deadlines for forming the Government then begin to run,” he said.
According to him, mid-July remains the most likely period for holding the constitutive session.
“Since the Constitutional Court has determined that the 30-day deadline for constituting the Assembly is a definitive and absolute deadline, in terms of the obligation deputies have to complete it as a procedure, with the time usually needed — one to two weeks — to prepare the session and other elements, I believe that the third week of July, or mid-July, could be an optimal timeframe during which we may have the convening of the constitutive session. And at this point, the numbers, as such, dictate a relatively calm pace regarding the constitution of the Assembly. Because Lëvizja Vetëvendosje as the party that came first in the elections and its partners from the community ranks, I do not believe will have any problem when it comes to constituting the Assembly. Although the need for a political agreement regarding the election of the President could also dictate the very dynamics of political developments, both with regard to the constitution of the Assembly and the election of the Government,” he said.
He added that the main difficulty is not expected to be related to forming the Government, but to electing the country’s new President.
“If the Assembly is constituted in the second half of July, then this means that mid- or late September will be the final constitutional deadline within which the new President of the country must be elected. In this regard, this is the most categorical deadline, whereas in the case of the election of the Government there are two parallel deadlines. So, on the one hand there is the 60-day deadline from the day of the mandate, and on the other hand there is the total 40-day deadline, which includes 15 days for the first candidate (who is nominated by the acting President, or depending on which procedure is followed first), and in the event of a possible failure, there is the 10-day deadline for the election of the second candidate. And again 15 days for the other candidate, which in total makes 40 days. This means that, on the issue of the Government, a decision may be made at the latest sometime at the beginning of September, if not even earlier than that. But, given that I do not expect the issue of the Government to be a problem because of the configuration of the numbers, I believe that the more sensitive and potentially more problematic issue will be that of the election of the President, with the deadline that I believe will expire by mid- or possibly late September, depending on the procedures that will be followed for the constitution of the Assembly,” Cakolli added.
In the latest decision of the Constitutional Court, it is clearly determined that the President of Kosovo is elected with two-thirds of the votes and a quorum of two-thirds in the first two rounds of voting, while 61 votes are needed in the third round.
Likewise, the 35-day deadline set by the Constitutional Court expired at midnight on April 28, which means that, according to that decision, the Assembly is automatically dissolved without the need for a presidential decree.
