Constitutional Court Rules: Avni Dehari Violated the Constitution — Speaker to Be Elected by Open Vote

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The Constitutional Court of Kosovo has ruled on the recent parliamentary deadlock, deciding that members of parliament must elect the Speaker of the Assembly through an open vote. The Court also declared all sessions held so far invalid.

According to the ruling, session chair Avni Dehari failed to act in accordance with the Court’s earlier judgment of June 26, 2025. The Constitutional Court has so far only released its official notice, while the full judgment will be published soon. The temporary suspension of parliamentary procedures remains in force until then.

Full Decision Highlights

On August 7, 2025, the Constitutional Court decided on cases KO193/25 and KO196/25, which challenged the constitutionality of the Assembly’s decision to use a secret ballot for electing the Speaker during the continuation of the constitutive session of the IX Legislature. The cases were filed by Memli Krasniqi and 12 other MPs, as well as Hykmete Bajrami and 10 other MPs.

The Court ruled:

  • Unanimously declared the requests admissible.
  • Unanimously found that the elected MPs did not comply with the June 26, 2025 judgment in case KO124/25, rendering all sessions from June 27 to July 26, 2025 invalid.
  • Unanimously concluded that Avni Dehari, as presiding chair, acted in violation of Article 116(1) of the Constitution.
  • By 6 votes to 1, ordered the presiding chair to proceed with item 3 of the agenda from April 8, 2025, inviting the largest parliamentary group to propose a candidate for Speaker.
  • Stated that the Speaker must be elected by open vote, with a maximum of three voting rounds for the same candidate.
  • Unanimously required all MPs to be present and vote during the election of the Speaker and Deputy Speakers, in accordance with constitutional provisions.
  • By 6 votes to 1, ordered that the election process be completed within 30 days from the date this ruling enters into force.
  • Extended the temporary measure of July 24, 2025 until the judgment’s entry into force.
  • Ordered the publication of the judgment in the Official Gazette.

This ruling takes effect on the day it is published by the Constitutional Court and notified to the parties involved.

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