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REL: Should members of the Kosovo Government resign after the end of their mandate?
2025-04-18 16:19:46 / KOSOVA
Albin Kurti and the government cabinet are claiming that they resigned from their executive positions as early as March 23. On that day, the government's four-year mandate ended. Kurti confirmed his resignation in a letter to the current speaker of the Assembly, Glauk Konjufca. However, this letter was contested by the Democratic Party of Kosovo, the Democratic League and the Alliance for the Future of Kosovo.
By not accepting the resignation in this form, the deputies of these parties voted against the verification of the deputies' mandates and consequently prevented the constitution of the Assembly on April 15. At noon on April 17, the deputies met again to continue the constitutive session. However, it again produced no results and its continuation was set for April 19.
But is this way of resigning Kurti and other members of the executive sufficient? Some constitutional experts believe that it is, even though they say that the Law on Government has errors and conflicts with the Constitution.
"If the law does not work and the effects of the law are very dangerous for society, then the law is not implemented, but is resolved with [past] government practices. What happened before this case, the previous prime ministers, how did they act when they were exercising their duties? I mean, they were deputies, they voted for deputies and they were exercising their duties [in the Government], acting is not a [full] duty," former Constitutional Court judge Kadri Kryeziu tells Radio Free Europe.
In the Law on Government, in Article 26, it is stated that when a member of a government in office is elected as an MP, he must resign from his government position before the day of certification of the results. That is, before March 27. In the entire debate about this situation, the fact that the Central Election Commission certified Kurti and ministers as MPs was also mentioned as a mistake. Mazllum Baraliu, who previously led this institution, does not call this a mistake. According to him, this institution does not have the authority to request the resignation of anyone in the Government.
"It is not written anywhere that [the CEC] has the duty to tell those who have run for MPs to resign from their jobs [in the Government]. This work is not regulated and this is not the CEC's job," he tells Radio Free Europe.
The acting Prime Minister, Albin Kurti, who is also the leader of the winning party of the February 9 elections, the Vetëvendosje Movement, said that the request from the parties that were in opposition last term, that he resign and not run for the Prime Minister's office, is meaningless.
"It is not possible to resign more than that, more than that would be an abandonment of the institution, it would be an institutional vacuum, political irresponsibility and a threat to national security. It is a request and insistence - to put it mildly - reckless to leave the house without a homeowner," he said during the executive meeting on April 16.
Other parties insist that the posts of elected members of the Government, MPs, be led by their deputies during this period. Kurti said that his party is interested in moving forward with the formation of institutions. However, the parties that were in opposition last term have accused the LVV of dragging out this process, arguing that the winning party of the elections does not have 61 votes, the number required for the election of the Speaker of the Assembly, and then the formation of the new Government of Kosovo.
After the report of the Commission on Mandates was not approved, the chairman of the constitutive session, Avni Dehari, turned to the president, Vjosa Osmani, to ask for suggestions on how to proceed. Osmani, within a few hours, on April 16, responded, requesting the continuation of the constitutive session within 48 hours, as provided for in the Rules of Procedure of the Assembly. According to Osmani, the Constitutional Court's judgments also oblige the deputies "to implement, not block, the formation of institutions, and to find a way forward for the constitution of the Assembly."
The parties participated in the session, but they went into it with the same positions. At the beginning of the session, the chairman Avni Dehari from LVV invited the representatives of the political parties to consultations. After saying that there was no consensus on how to proceed, he interrupted the session and scheduled it to continue on Saturday.
The LVV said that PDK, LDK and AAK are blocking the constitution of the Assembly, but these parties made the same accusation against Kurti's party. They argued that by postponing the session for 48 hours, the LVV is "buying time for political bargaining", since, according to them, the winning party of the elections does not have a majority.
If the first item on the agenda is passed on Saturday, then the deputies will be able to take the oath, then elect the speaker and deputy speakers and thus conclude the constitution of the ninth legislature of the Assembly. Only after that, the constitutional deadlines for the formation of the new Government of Kosovo would begin. No party has won enough votes to govern alone, so reaching a governing coalition seems an inevitable option./ REL
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