The Kosovo Law Institute (IKD) has stated that the letter submitted by acting Prime Minister Albin Kurti does not represent a formal act of resignation.
On Tuesday, the deputies of the ninth legislature did not support the report of the Provisional Commission for the Verification of Quorum and Mandates. According to the former opposition parties, members of Vetëvendosje (VV) must first resign from their government posts before becoming Members of Parliament. However, VV claims that its members have already resigned.
According to IKD, this situation has emerged due to the lack of proper regulation in the Law on the Government.
“IKD has continuously emphasized that, in the spirit of institutional functionality, the constitutional and legal provisions in this situation should be interpreted in such a way that government members must resign at the moment they take the oath as deputies,” the statement reads.
“The letter submitted by acting Prime Minister Albin Kurti does not constitute a resignation. His interpretation that the government has the same status as a caretaker government applies to the institution, but not to him as its head. The content of his notification indicates his intent to continue leading the caretaker government even while serving as a deputy.”
IKD emphasizes that Kurti must resign at the moment of taking the oath as a deputy.
“From that moment on, the government would continue functioning in caretaker status, but cannot be led by Mr. Kurti. In this case, leadership would pass to the Deputy Prime Minister, and the ministries would be headed by Deputy Ministers. The only exception would be ministers who have not been elected as deputies — they may continue in their roles,” IKD stated.
Furthermore, IKD added that a resignation letter must be explicit and leave no room for interpretation, and it should be submitted not to the former Speaker Glauk Konjufca, but to Avni Dehari, who is presiding over the constitutive session.
