Within the next two days, the Supreme Court is expected to rule on two complaints filed by candidates of the Democratic Party of Kosovo (PDK). The ruling is seen as a decisive step toward certifying the final results of the June 7 parliamentary elections and paving the way for the formation of new institutions, KosovaPress reports.
The Central Election Commission published the final results of the June 7 elections on June 27.
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According to these results, the Vetëvendosje Movement, in a pre-election coalition with Guxo and Alternativa, emerged as the leading force with 47.13%, securing 53 seats. The Democratic Party of Kosovo won 19.44% and 22 seats, the Democratic League of Kosovo 16.69% and 18 seats, while the Alliance won 6.74% and seven seats.
The Supreme Court has not confirmed to KosovaPress whether the decision will be made before the legal deadline expires. However, experts on electoral processes say that if no recount or any additional action is requested from the Central Election Commission (CEC), the results could be certified by the end of this week.
Qemajl Marmullakaj, a researcher at the Kosovo Law Institute (IKD), says the Supreme Court is not obliged to use the entire legal period to make its decision.
“The certification of the results must take place within the deadlines provided by law. If the Supreme Court issues a ruling that does not require additional actions by the CEC or the ECAP, then the certification of the elections can take place within this time frame, by the end of the week. The Supreme Court does not necessarily have to wait until the legally prescribed deadline, and this could lead to an even earlier certification of the elections,” he said.
Marmullakaj stresses that after certification, there is no legal obstacle to the constitutive session of the Assembly being called immediately, although the Constitution provides for a maximum deadline of 30 days.
According to him, alongside the constitution of the eleventh legislature, there is no provision stipulating that lawmakers must elect the president before a government is formed.
“The deadlines are indicative, and we do not necessarily have to wait 30 days after the certification of the elections for the constitution of the Assembly. This should happen immediately after the certification of the elections; immediately, the acting president can take action and call the constitutive session of the Assembly. Then there are procedures under the Assembly’s Rules of Procedure, under which five days before the constitutive session is held, the speaker of the Assembly from the previous legislature must gather representatives of the parliamentary parties to determine the agenda of the constitutive session of the Assembly. According to Article 8 of the Assembly’s Rules of Procedure, this process is procedural and cannot be altered by the speaker of the previous Assembly. The agenda of the constitutive session includes the formation of the standing committee for verifying quorum and mandates, the swearing-in of deputies, the election of the speaker of the Assembly, and the election of deputy speakers of the Assembly. This must take place within the 30-day time limit under the legislation in force,” the IKD researcher added.
Acting Prime Minister and Vetëvendosje leader Albin Kurti is also waiting for the certification of the election results.
On Wednesday, Kurti said that political talks on creating the institutions would begin after the results are certified.
“First we must wait for the certification of the election results and the handling of complaints, and then without wasting time we will have the necessary communications and discussions,” Kurti said.
However, according to Marmullakaj, the Vetëvendosje Movement, as the winner of the elections, should already have started consultations on forming the new institutions.
“They should have happened by now and should continue during this week until the final certification of the elections. I hope these have taken place behind closed doors or will happen during this week,” he emphasized.
The ruling expected from the Supreme Court is considered the final legal step before the certification of the election results.
In addition to the constitution of the Assembly and the formation of the government, deputies of the eleventh legislature must also elect the new president. For this process, there is a 60-day deadline from the moment the Assembly is constituted.
The June 7 elections were held precisely after parliamentary parties failed to elect the country’s president, following the end of former president Vjosa Osmani’s term.
