The Serbian List has officially challenged the constitutionality of Kosovo’s newly formed Assembly, submitting an appeal to the Constitutional Court that could delay or block the formation of the new government.
Serbian List Files Appeal Against Assembly Leadership
Less than a week after the Kosovo Assembly was fully constituted—with its chairperson and five deputy chairpersons—the Serbian List filed a complaint against the election of Nenad Rašić as the Serbian deputy speaker.
According to the Serbian List, the election violated the Constitution and parliamentary rules, as Rašić did not have the formal backing of the majority of Serbian MPs in the Assembly.
The party asked the court to impose a temporary measure to prevent what it called “unconstitutional actions that could cause irreversible damage.”
Who is Nenad Rašić?
Nenad Rašić, leader of the Party for Freedom, Justice, and Survival, was elected deputy speaker on October 10 after none of the candidates from the Serbian List secured enough votes.
The Kosovo Constitution stipulates that the Serbian deputy speaker must come from among the reserved seats for the Serbian community.
However, according to the Assembly Rules of Procedure, the candidate must also be proposed by the majority of Serbian deputies—a condition Rašić may not have met.
Legal Experts Question Constitutionality
Ehat Miftaraj, Executive Director of the Kosovo Institute of Justice, stated that the election of Rašić might not comply with constitutional standards.
“It’s clear that Rašić was not nominated by at least six Serbian MPs. From this, it can be concluded that there has been a constitutional violation in his election as deputy speaker,” Miftaraj told Radio Free Europe.
Similarly, Professor Mazllum Baraliu, an expert in Constitutional Law, described the move by the Serbian List as legally legitimate but politically harmful, as it could suspend the work of the Assembly.
“If the Court issues a temporary protection measure, the Assembly’s work could be suspended until a final ruling,” he said.
Potential Consequences for the New Government
If the Constitutional Court rules in favor of the Serbian List, the Assembly may have to repeat the voting process, effectively nullifying its current formation.
Miftaraj warned that this outcome could impact the formation of the new government, as the Assembly’s legitimacy is a precondition for nominating a new Prime Minister.
“Such a ruling could invalidate the mandate given to the Vetëvendosje Movement to form the next government,” he explained.
What Happens Next?
Following the Assembly’s constitution, President Vjosa Osmani nominated Albin Kurti, the acting Prime Minister and leader of Vetëvendosje, to form a new government.
The 15-day deadline for forming the cabinet expires on October 26. If the Constitutional Court intervenes, the entire political process could face another serious delay.
Meanwhile, several opposition figures—including Fatmir Limaj of the Social Democratic Initiative—have accused the Assembly of violating the Constitution, calling the situation a “continuing constitutional crisis.”
