KDI Warns: Constitutional Court’s Decision on Serbian List Appeal Could Halt Government Formation

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The Kosovo Democratic Institute (KDI) has stated that the Constitutional Court’s ruling on the appeal filed by the Serbian List regarding the election of Nenad Rašić as Deputy Speaker of Parliament could temporarily halt the formation of Kosovo’s new government.

Vullnet Bugaqku, a representative of KDI, said the appeal submitted by the Serbian List was expected, and that the Court may impose a temporary suspension on parliamentary procedures and all actions related to forming the new government.

“It was expected since this parliamentary group had announced weeks earlier that they would submit such a request. Normally, in these circumstances, a temporary measure may be issued to prevent future legal consequences related to the actions of deputies, the president, or the prime minister-designate,” Bugaqku explained.

He added that the Constitutional Court’s decision could be issued within the next few days or weeks.

“I believe we might have an announcement soon on whether the Court will impose temporary measures regarding the further course of government formation and the Parliament’s work,” he said. “If the Court finds a constitutional violation, all actions that followed — including the president’s decree and the formation of the government — could be annulled as unconstitutional.”

Bugaqku noted that he has not yet seen the full text of the Serbian List’s appeal but assumes it challenges the procedure of Rašić’s election, which the party claims violated previous Constitutional Court rulings.

According to the Serbian List, the majority of Serb MPs must nominate the Deputy Speaker from their community in writing. They argue that this procedure was not respected, making Rašić’s election illegitimate.

The Serbian List, the main political representative of Kosovo’s Serb community supported by Belgrade, filed the appeal on October 16, alleging violations of the Constitution, the Parliament’s Rules of Procedure, and a prior Constitutional Court judgment.

They also requested a temporary injunction to stop what they described as “unconstitutional actions that could cause irreversible damage.”

The Kosovo Assembly was constituted on October 10, with Nenad Rašić elected Deputy Speaker from the Serb community after three failed voting rounds for Serbian List candidates.

Rašić, a former Minister in Albin Kurti’s government, has been labeled “illegitimate” by the Serbian List, which maintains that the majority cannot impose representatives on the Serb community.

A day after Rašić’s election, President Vjosa Osmani officially mandated Albin Kurti, leader of Vetëvendosje, to form the new government, giving him 15 days to present his cabinet and program before the Assembly.