Constitutional Court gives final word on legitimacy of constitutive session and new government

On Wednesday, the Constitutional Court of Kosovo announced its decision on two combined requests, registered as KO256/26 and KO258/26, which questioned the constitutionality of several key institutional processes: from the election of the Assembly Speaker and the voting procedure for deputy speakers, to the constitution of the eleventh legislature and the formation of the government cabinet.

The judicial panel confirmed that the constitutive session of the Assembly was held after the expiry of the 30-day deadline foreseen by the Constitution.

Nevertheless, the court found no violation in the Assembly’s decision of 13 September 2026, which approved the Government of the Republic of Kosovo, considering it in accordance with article 95 of the highest law.

Another important point of the judgment emphasizes the obligation of legislators to fill the vacant position of the Assembly’s deputy speaker without delay, electing them from among the second largest parliamentary group.

The decision further clarifies that exceeding the constitutional deadline for the establishment of the Assembly automatically marked the start of deadlines for two essential processes: the election of the head of state and the executive.

Specifically, the Constitutional Court determined that the 60-day window for the election of the President of the Republic began on 8 August 2026 and will close on 6 October 2026.

The request was declared admissible by unanimous vote of the judges, while the request for the imposition of a temporary measure was rejected.

The judgment enters into force from the moment of its publication by the Constitutional Court.