The ruling party MPs gathered again today in the Assembly for the second round of voting for the President, despite the fact that there were not 80 MPs present in the chamber and despite claims from constitutional experts and NGOs that this procedure, which began last night, constitutes a violation of the constitutional order.
Speaker of the Assembly Albulena Haxhiu called on opposition MPs to participate in the session, stating that they are obliged to vote and enable the election of the President.
“To give them the opportunity to be present in this session […] we are continuing this session at 2 o’clock. So, see you at 2,” she said.
Haxhiu has interpreted differently a Constitutional Court ruling regarding the assessment of the constitutionality of the presidential election procedure that began on the night of March 5, claiming that MPs have a duty to participate and vote.
At the end of March, when the Constitutional Court decided to grant MPs an additional 34 days to elect the President—since the Assembly had not had the full 60-day period available between the start of the process and its deadline (30 days before the end of the current President’s mandate)—it stated that MPs cannot be forced and that it is entirely their “will” what they consider to be in the best interest of the Republic of Kosovo.
The Court also emphasized that under Article 70 of the Constitution, MPs have a free mandate and are not subject to any binding instruction, and that they must exercise their function in accordance with the Constitution, laws, and parliamentary rules, but ultimately remain free in their political decision-making.
Last night, in a session attended by only 64 MPs, voting was held for two presidential candidates proposed by Vetëvendosje: Feride Rushiti and Hatixhe Hoxha.
Vetëvendosje had previously requested that the Democratic Party of Kosovo (PDK) and the Democratic League of Kosovo (LDK) propose three names for President as a “concrete and unifying” solution to avoid new elections.
LDK leader Lumir Abdixhiku proposed Vjosa Osmani and asked Prime Minister Albin Kurti for guarantees that 66 majority MPs would vote for her.
Kurti has not yet responded, while the deadline for electing the President is expiring.
If a new President is not elected by midnight, Kosovo will go to new elections within 45 days.
