As per the Law on Government, which came into effect in November 2022, all members of Prime Minister Albin Kurti’s cabinet who secured enough votes to be elected as MPs must resign from their government positions before the certification of the February 9 election results.
Article 26 of this law explicitly states that any sitting government member elected as an MP must resign from their position before the certification day. Additionally, Kosovo’s Constitution clearly prohibits holding two offices simultaneously.
Election law expert Eugen Cakolli from the Kosovo Democratic Institute (KDI) emphasized that this legal provision prevents a conflict of interest, ensuring that the legislative and executive branches remain separate. Cakolli noted that the resignations will place the government in a “caretaker” status until a new administration is formed.
Meanwhile, Ehat Miftaraj from the Kosovo Institute of Justice argued that this law creates an institutional vacuum, as there will be a gap between MPs taking their oath and the formation of a new government.
Among the cabinet members elected as MPs are Albin Kurti, Donika Gërvalla-Schwarz, Faton Peci, Xhelal Sveçla, Albulena Haxhiu, and several others, including representatives from minority communities. Ministers Liburn Aliu and Besnik Bislimi were not part of the elections and will retain their positions.
The Central Election Commission (CEC) is set to announce the final election results tomorrow, triggering the required resignations and moving the government into a transitional phase.
