The process of constituting the Assembly and forming Kosovo’s new executive has entered uncharted legal territory, as key issues are expected to be referred to the Constitutional Court for review.
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Beyond the violation of the 30-day deadline for establishing the legislature, the legality of the act itself is now also being called into question because one of the deputy speaker positions remains vacant.
Lawyer Ardian Bajraktari stresses that this shortcoming provides grounds for challenging the claim that the Assembly has been constituted, while legal expert Blerim Burjani warns that an unfavorable ruling by the Constitutional Court could bring down the entire institutional structure, including the legislature and the government, consequently sending the country to early elections.
In this context, all attention is focused on the Constitutional Court’s forthcoming decision and the possibility that it could impose an interim measure to prevent the situation from escalating. But how long could the wait for a final judgment on the formation of the institutions last? Is there a legal timeframe for its decision, and what scenarios are expected in the days and weeks ahead?
Burjani: A negative ruling could destroy the entire institutional process
Legal expert Blerim Burjani, speaking to “Bota sot,” analyzed the crisis caused by the challenge to the constitution of the Assembly before the Constitutional Court, warning that an unfavorable judgment would have serious implications for the state.
According to him, the greatest threat lies in the possibility that the entire process could be declared invalid if the court deems it illegitimate. However, he sees some room for hope if the ruling is partial and does not completely overturn the constitution of the Assembly.
“The great risk is that the entire constitution process could fail as a result of a negative ruling by the Constitutional Court. If the judgment is partial, then part of the process could be preserved, without declaring the Assembly unlawful,” Burjani told “Bota sot.”
He described the darkest scenario as a chain of events that would bring down all state activity and force the country to return to the ballot box.
“In that case, everything falls—the Assembly and the government—and the country goes to elections within 45 days,” Burjani added.
Regarding the wait for a decision, Burjani stressed the absence of a legal deadline but expressed confidence that a resolution would come quickly.
“The Court has no set deadline to respond, but I expect this to happen very soon,” he said.
Bajraktari: Without completing the Assembly Presidency, the constitution process remains legally vulnerable
Meanwhile, lawyer Ardian Bajraktari has highlighted a fundamental constitutional issue that goes beyond the violation of the 30-day deadline. Citing Article 67 of the Constitution and the precedents established by the Constitutional Court itself in cases KO119/14 and KO124/25, he argues that the declaration that the Assembly was constituted on September 13, 2026, is open to challenge.
According to Bajraktari, a critical issue is that the Assembly is operating without one of its deputy speakers. He stresses that establishing the legislature is not merely a formality completed with the election of the speaker, because constitutional law and judicial practice closely link the formation of the Assembly Presidency with the constitution process.
“In addition to the issue of the 30-day deadline for establishing the Assembly, which is a mandatory deadline and has already been violated, there is another issue of constitutional significance,” Bajraktari said.
He stresses that the delay in electing the deputy speaker is sufficient grounds to conclude that the process has not been completed.
“The constitution process is not merely a formality completed with the election of the speaker. As long as the Constitution and the Court’s case law link the formation of the Presidency to the constitution process, the absence of one of the deputy speakers provides strong grounds for saying that this process remains open,” he explained.
Under these circumstances, Bajraktari considers the Assembly speaker’s declaration that the constitution process has been completed to be legally weak.
“Consequently, the statement made today by the Assembly speaker that the Assembly has been constituted is legally open to challenge,” Bajraktari told “Bota sot.”
He does not rule out the possibility that, if authorized parties bring the case before the Constitutional Court, it could also consider imposing an interim measure to prevent irreversible harm and preserve the effectiveness of the final decision.
In conclusion, the lawyer insists that the public debate should focus not only on whether a deadline was met, but also on the substance of the constitutional concept of establishing the Assembly.
“At this stage, therefore, the issue no longer revolves only around whether the 30-day deadline was respected, but also around whether, in constitutional terms, the Assembly can be considered established without completing the formation of the Presidency—a standard that has already been established,” Bajraktari concluded.
