Dismissal of Mandate for Kurti: What Are the Next Constitutional Steps?

RksNews
RksNews 3 Min Read
3 Min Read

With 56 votes in favor, 52 against, and 4 abstentions, the Vetëvendosje–Guxo–Alternativa coalition fell short of the simple majority of 61 deputies required to form the “Kurti 3” government. This development triggers a new constitutional phase clearly defined under Article 95 of the Constitution of the Republic of Kosovo, which governs the process of forming the government.


Article 95 of the Constitution: Election of the Government

  • After parliamentary elections, the President of Kosovo proposes a candidate for Prime Minister, typically from the party or coalition that won the majority.
  • The Assembly votes on the proposed government, requiring at least 61 votes in favor to confirm it.
  • In this case, Albin Kurti’s proposed government failed to secure the required majority.

Step 1: President Notified of the Result

After voting, the Speaker of the Assembly officially informs the President about the government’s failure to pass.

According to Article 95(4) of the Constitution:

“If the proposed government does not receive the majority of votes of all deputies of the Assembly, the President of the Republic of Kosovo shall appoint another candidate for Prime Minister within 10 days.”

This means President Vjosa Osmani has 10 days to mandate a second candidate. Constitutional rulings allow the possibility that the candidate may again be from the first party, but the President must ensure that the proposed Prime Minister can secure 61+ votes in the Assembly.

  • The President may give Vetëvendosje a second chance to form the government.
  • Alternatively, she may mandate another party that demonstrates it has sufficient parliamentary support.

Parliament Dissolution and New Elections

If the second candidate also fails to secure a majority, the Constitution mandates:

“If the government is not elected even after the second proposal, the President of the Republic of Kosovo shall dissolve the Assembly and call for new elections, which shall be held no later than 40 days from the date of dissolution.”

This means that if both attempts to form a government fail, Kosovo enters a new election cycle, leading to early parliamentary elections.