Opposition parties in Kosovo are considering the possibility of referring the issue to the Constitutional Court to challenge the constitutionality of the formation of state institutions, depending on developments in the coming days.
PDK MP Blerta Deliu-Kodra said that all possible actions that could be in violation of the Constitution are being considered. Regarding when they might refer the matter to the court, she said they would announce their decision “in due time.”
According to her, the deadlines have already been exceeded and a ruling by the Constitutional Court has not been respected. The ruling requires the Assembly to be constituted within 30 days of the certification of the election results.
Alliance for the Future of Kosovo (AAK) MP Time Kadrijaj also said they have not ruled out referring the matter to the Constitutional Court, but are waiting to see how developments unfold in the coming days. MP Albana Bytyqi said that, for the time being, they have not made a decision.
According to the Constitutional Court’s previous ruling, the Assembly should have been constituted by August 7. Meanwhile, the Vetëvendosje Movement (LVV), which won the June 7 elections, argues that the deadline begins from the opening of the constitutive session on August 6. The chair of the session, Avni Dehari, has scheduled its continuation for September 9.
According to Radio Free Europe, the Democratic League of Kosovo (LDK) and LVV have not yet responded to whether they are considering referring the matter to the Constitutional Court.
Former Supreme Court judge Valdete Daka and KDI researcher Vullnet Bugaqku believe that the Constitutional Court could provide clarification on the consequences of missing the deadlines, including the constitution of the Assembly, the formation of the government, and the election of the president.
Daka said it would be necessary for the Constitutional Court to clarify once again whether the deadline for constituting the Assembly is 30 days from the certification of the election results.
Meanwhile, Bugaqku warned that constitutional uncertainty could also arise regarding the election of the president and the exercise of presidential duties after the expiration of the six-month deadline.
LVV has linked the formation of the institutions to a political agreement on the election of the president. However, the failure of six LDK MPs to support the agreement has cast doubt on the vote for Bekim Sejdiu as president.
If a president is not elected, the Constitution provides for the dissolution of the Assembly and the holding of new elections within 45 days.
