Temporary measure requested from the Constitutional Court over the constitution of the Assembly and formation of the Government

The Constitutional Court is facing a request to impose a temporary measure concerning the constitution of the Assembly and the formation of the new Government, following two applications filed by the Democratic Party of Kosovo.

Naim Jakaj, a researcher at the Kosovo Law Institute (KLI), told KosovaPress that the Constitutional Court could issue such a decision without waiting for the parties’ comments, as the matter falls within its discretion.

He said that, based on the court’s previous practice, a decision on the temporary measure could be issued within a few days.

According to Jakaj, such a measure would suspend the eleventh legislature and the newly elected Government. In that case, the outgoing government from the previous legislature would return to office until a final decision was made on the constitutionality of the process.

“The Constitutional Court may impose the temporary measure within the scope of its discretion, without obtaining the parties’ comments. It should not take more than today, Friday, for the court to issue such a decision. Based on its practice, the Court decides within two to three days after the case is registered, reviewed by the reporting judge and assessed to determine whether it concerns a constitutional issue. It must assess whether there is a risk of irreparable harm from an Assembly constituted in violation of the Constitution and from a Government formed by it. The procedures for issuing a decision within 60 days would then follow, which is the period within which the Constitutional Court is obliged to decide on the specific case,” Jakaj said.

Regarding the possible outcome of the two applications filed by the PDK, Jakaj assessed that the Court could find that the Assembly was not constituted within the prescribed deadline and return the procedure to the point where the dispute began, namely the election of the deputy speaker proposed by the PDK.

He stressed that the lack of clear constitutional regulation on the consequences of failing to constitute the Assembly within 30 days reduces the likelihood that the Constitutional Court will directly order the dissolution of the Assembly.

“Since there is no clear provision establishing what happens to the Assembly of Kosovo if it is not constituted within 30 days, whether the country should go to elections or whether some other measure should follow, the Constitutional Court is expected only to establish that the deadline has been exceeded and return the matter to the situation in which Ms. Çitaku had been proposed as deputy speaker of the Assembly. We believe it will return the process to that point. The 30-day deadline does not lead to any other consequence, unless the Court changes its practice and interprets the constitutional provision concerning the dissolution of the Assembly, with the aim of teaching the deputies of the Assembly of Kosovo a lesson, particularly the first party, the Vetëvendosje Movement. Nevertheless, it is unlikely that the Constitutional Court will dissolve the Assembly, since it has never happened before that the Court did so when there was no relevant provision. We do not expect it to dissolve it,” he added.

KosovaPress asked the Constitutional Court whether it would impose a temporary measure regarding the constitution of the Assembly and the formation of the new Government, but has so far received no response.

The Assembly of Kosovo was constituted on September 13 without the deputy speaker proposed by the PDK. This party had temporarily suspended Vlora Çitaku’s candidacy after she failed to secure the required votes in the first attempt.

That same day, following the constitution of the Assembly, the new Government led by Albin Kurti was also formed.