One More Day for the Constitutional Court’s Decision, Experts: Elections Cannot Be Ruled Out

RKS NEWS
RKS NEWS 3 Min Read
3 Min Read

Since March 27, the date when the results of the national elections were certified, exactly six months and two days have passed.

Due to the blockade of the Assembly, there is currently neither a new government nor a fully functioning parliament.

The temporary measure that has blocked any political developments will be lifted on September 30. This date also marks the deadline for the Constitutional Court to respond to the Serbian List’s complaint.

According to experts in Constitutional Law, in such a complex situation, several outcomes are possible.

The first is the determination that the Assembly is duly constituted and that the Serbian deputy speaker must be elected in the next session. The second possibility is that the entire process restarts from zero solely for the Serbian candidate who has not secured the required votes. The third option, mentioned by almost all political parties, is to hold new elections after each Assembly session.

“…therefore, perhaps the most suitable option, in order not to put the Constitutional Court in a difficult position as political parties are interpreting the decision according to their own preferences, criticizing and commenting, may be to go to elections. After that, in accordance with constitutional provisions, the Assembly can be elected either directly or through the President,” said Mazllum Baraliu, former professor of Constitutional Law.

The consequences of the blockade include a government with limited powers, lack of parliamentary oversight, stalled legislation and reforms in various sectors, and many institutions functioning with acting officials, according to Vullnet Bugaqku, researcher at the Democratic Institute of Kosovo.

“In addition, there are other consequences: Kosovo has numerous international agreements, and millions of euros are needed for the national budget. But due to the lack of a constituted Assembly, international agreements are not being submitted for parliamentary approval, preventing the state and society from benefiting from these funds,” said Bugaqku.

Bugaqku added that the consequences are economic, political, and also related to the judiciary, noting that the Constitutional Court is missing two judges. In the event of the resignation of just one more judge, the Court’s functioning would be blocked.