The question of electing a new president in Kosovo has turned into a key test of institutional functionality, as political parties continue to calculate votes while consensus on a candidate remains absent. Uncertainty has also emerged over whether attendance and voting in the parliamentary session are a constitutional obligation for MPs, and whether failure to elect a president could push the country toward early parliamentary elections.
Constitutional Rules and Nomination Requirements
According to the constitution, each presidential candidate must secure at least 30 signatures from MPs to be nominated, while each MP may sign for only one candidate. So far, no official candidate has been confirmed.
The parliamentary rules state that a session to elect the president is convened only after nominations are submitted and reviewed by the Legislative Committee to verify whether candidates meet the required legal criteria.
Debate Over MPs’ Obligation to Participate
Prime Minister Albin Kurti stated after a consultative meeting with Lumir Abdixhiku that the constitution obliges MPs to participate and vote in the presidential election process.
A similar interpretation was expressed by the Speaker of Parliament, Albulena Haxhiu, who referred to a Constitutional Court ruling related to the 2011 election of Behgjet Pacolli, arguing that all MPs should attend and take part in the vote.
However, opposition voices have taken a different stance. Bedri Hamza, head of the Partia Demokratike e Kosovës, said his party would participate only if its proposed candidate were elected president.
Legal experts note that the Constitutional Court’s decisions primarily remind MPs of their democratic responsibilities, rather than forcing them to act in a specific way. Ehat Miftaraj from the Kosovo Law Institute emphasized that no court in a liberal democracy can compel MPs on how to vote or whether to attend a session.
Would Kosovo Head to Early Elections?
Political leaders frequently mention the possibility of early elections if a president is not elected, but the constitution provides specific conditions.
The constitution states that a new president should be elected 30 days before the current president’s mandate ends. In the current timeline, that deadline falls on 5 March, ahead of the end of the term of President Vjosa Osmani on 4 April.
According to legal interpretations, missing the 30-day deadline would constitute a constitutional violation but would not automatically trigger elections.
There are two situations in which early elections would occur:
- If the process to elect the president begins and is not completed within 60 days.
- If no candidate is elected after the third round of voting in parliament.
In the first two rounds, a candidate must secure two-thirds of the votes in the 120-seat Assembly (80 votes). If this fails, a third round requires only 61 votes.
If the president is still not elected, parliamentary elections must be held within 45 days.
What Happens if No President Is Elected?
If no president is elected before the current mandate ends, the Speaker of Parliament would temporarily assume presidential duties for up to six months, as provided by the constitution.
Legal experts suggest that at least 10 MPs could request an interpretation from the Constitutional Court if the political stalemate continues, potentially clarifying whether the country must proceed toward elections or attempt another round of presidential selection.
Ultimately, the outcome will depend on whether Kosovo’s political actors can reach agreement on a candidate capable of representing national unity and ensuring the constitutional functioning of institutions.
