Tomorrow, September 30, the temporary measure imposed by the Constitutional Court of Kosovo—which has suspended any actions by newly elected members of the Assembly, as well as procedures related to the formation of the new government—is set to expire.
The measure was initially imposed on September 5, following a request to review the constitutionality of actions taken during the Assembly’s inaugural session, specifically regarding the election of vice-presidents from non-majority communities. The Serb List filed the complaint against the new Assembly Chair, Dimal Basha, who declared the Assembly constituted despite the absence of a vice-president from the Serb community.
The Constitutional Court justified the temporary suspension as necessary to prevent irreparable harm, acting ex officio and based on the request of the largest Serb party in Kosovo.
According to constitutional provisions, new institutions should be formed within 30 days after certification of election results—a deadline already exceeded, as elections were held in February 2025.
However, the outcome following the expiration of the temporary measure remains uncertain. The Court has not issued a final ruling nor clarified whether Assembly procedures can resume or if a decision might alter the current course of action.
Constitutional experts suggest several potential scenarios:
- The Court could rule that the Assembly’s actions were constitutional, allowing the formation process to continue.
- It could require a repeat vote for the vice-presidents, following previous practices with a joint vote for all positions.
- Alternatively, it could identify procedural violations, potentially rendering the process to date invalid.
Regardless of the outcome, the current institutional vacuum is directly affecting the democratic functioning of Kosovo and the process of forming new institutions. Legal analysts emphasize that this situation is unprecedented in recent years, making the Court’s final decision not only crucial for the current case but also a precedent for future parliamentary procedures.
