Prishtina, April 15, 2025 – The Kosovo Law Institute (KLI) has closely monitored developments during the constitutive session of the Assembly of the Republic of Kosovo, whose proceedings were suspended. The suspension resulted from the failure to vote on the Report of the Commission for the Verification of Mandates and Quorum, based on the reasoning that the Prime Minister and other government actors had not resigned from their positions in the Government of the Republic of Kosovo.
KLI has consistently ephasized that uncertainties regarding the resignation of government cabinet members stem from the inadequate regulation of the Law on the Government No. 08/L-117 of the Republic of Kosovo. Furthermore, KLI has highlighted that, in the spirit of institutional functioning, constitutional and legal provisions in this situation should be interpreted in a way that requires government members to submit their resignation at the moment they take the oath as members of parliament.
The letter submitted by the caretaker Prime Minister, Mr. Albin Kurti, does not constitute a resignation. Mr. Kurti’s interpretation that his government holds the status equivalent to a caretaker government applies to the government as an institution, not to him personally as its head. The content of the Prime Minister’s notification indicates his intention to continue leading the caretaker government while also serving as a member of parliament.
According to Law No. 08/L-117 on the Government of the Republic of Kosovo, the Prime Minister must resign upon taking the oath as a member of parliament. From that moment, the government continues to function as a caretaker government but cannot be led by Mr. Kurti. Leadership in this case passes to the Deputy Prime Minister of the caretaker government, while ministerial positions are managed by Deputy Ministers. The exception applies if a minister has not been elected as a member of parliament; in that case, they may continue to perform their duties.
KLI further stresses that a resignation letter must be clear and leave no room for interpretation. The letter should not be addressed to the former Speaker of the Assembly, Mr. Glauk Konjufca. Until a new Speaker is elected, the resignation letter must be addressed to the Chair of the constitutive session, who according to the Assembly Rules of Procedure is the eldest member of parliament, in this case Mr. Avni Dehari.
Finally, KLI calls on all political parties to respect the Constitution and applicable laws, to constitute the Assembly of the Republic of Kosovo as soon as possible, and to pave the way for the formation of new institutions.