The Central Election Commission (CEC) has certified today the results of the parliamentary elections held on February 9. This has paved the way for the formation of new institutions in Kosovo.
Two members of the Vetëvendosje Movement (LVV) in the CEC, Sami Kurteshi and Alban Krasniqi, opposed the certification of the election results at this time, as their party had requested the annulment of postal votes and a re-vote by mail, despite the Supreme Court rejecting their request.
“We will follow legal routes and take it to the Constitutional Court for a temporary measure to prevent the implementation of this part of the votes, therefore… until all legal routes are exhausted, I cannot vote for the certification of the results,” said Kurteshi.
LVV won the February 9 elections with 42.30% of the votes, leaving behind the Democratic Party of Kosovo (PDK) with 20.95% and the Democratic League of Kosovo (LDK) with 18.27%. In fourth place is the coalition between the Alliance for the Future of Kosovo (AAK) and the Social Democratic Initiative (Nisma) with 7.06%.
The Serb List – the largest party of Serbs in Kosovo – secured 4.26% of the votes.
Three mayors – including the PDK’s candidate for prime minister in these elections, Bedri Hamza – relinquished their parliamentary mandates, as, according to the laws and Constitution, they are not allowed to hold two official positions.
Gazmend Muhaxheri, the mayor of Peja, gave up his parliamentary mandate and will be replaced by Arben Gashi. Imri Ahmeti, the mayor of Lipjan, will be replaced by Paris Guri, while Bedri Hamza, the mayor of South Mitrovica, will be replaced by Rashit Qalaj.
After the certification of the results, Kosovo’s Prime Minister, Albin Kurti, stated that until the new government is elected, “our government will exercise all the responsibilities assigned to the executive branch in accordance with the applicable legislation.”
“This places the Government in a caretaker role, to guarantee continuity, security, and the uninterrupted functioning of the state, in accordance with the Constitution and laws,” he said.
According to Article 31 of the Government Law, the current government’s powers are limited.
This article states that the government cannot approve initiatives or sign international agreements requiring the Parliament’s ratification, cannot approve laws, strategies, or concept documents, cannot propose candidates for certain positions, nor appoint individuals to public positions.
The procedures for forming new institutions are outlined in the Constitution and other laws, as explained in the following text.
Immediately after the certification of the election results, the first step is the constitution of the new parliamentary composition and then the formation of the new government.
According to the Constitution and the Assembly’s Rules of Procedure, after the certification of the election results, Kosovo’s President, Vjosa Osmani, must call the constitutive session of the Assembly within 30 days.
During this session, the new deputies take an oath and then elect the president and vice-presidents.
The position of Assembly President belongs to the party that won the most votes in the election, in this case, LVV. Meanwhile, the largest political parties propose candidates for vice-presidents, but Serb deputies and deputies from other minority communities must also propose one deputy each for the vice-presidency positions.
The president and vice-presidents are elected by a majority vote. According to the Assembly’s Rules of Procedure, the constitutive session concludes with their election.
“Interruptions during the constitutive session cannot last longer than 48 hours,” according to Article 12, paragraph 5 of the Assembly’s Rules of Procedure.
With the constitution of the Assembly, the path is opened for the formation of the new executive.
During this period, President Osmani is obligated by law to nominate the winning party as the mandate holder for the formation of the new government.
The proposed government cabinet must secure the votes of 61 deputies.
LVV has secured 48 seats in the Kosovo Assembly, PDK has 24, LDK has 20, the Serb List has 9, and the AAK-Nisma coalition has 8.
Thus, no party will be able to form the government alone, and coalitions will need to be formed for the new executive.
Regarding the coalitions, LVV has stated that it prefers to form the government with minority parties – which have 10 guaranteed seats in the Kosovo Assembly.
The major Albanian parties have also expressed opposition to cooperating with LVV for the new executive. However, Kurti is confident that he will lead the new government.
Nevertheless, if LVV fails to secure the support of 61 deputies, President Osmani is obliged to consult with political parties within 10 days.
After consultations, it is at her discretion to decide on the new mandate holder, provided they have the necessary numbers to form the executive.
The mandate holder then has 15 days to present the government cabinet composition to the Assembly.
However, if the government is not formed after the second attempt, President Osmani, according to Article 95 of the Constitution, must call new elections, which must be held within no more than 40 days, reports rel.
The February 9 elections were the first regular parliamentary elections held in Kosovo since its declaration of independence.
