Pristina, April 23, 2025 – The Kosovo Law Institute (KLI) has been closely following the developments regarding the constitutive session of the Assembly of the Republic of Kosovo, convened on April 15, 2025, by the President of the Republic, Ms. Vjosa Osmani. This session, which continued on April 17 and is expected to continue today, has not resulted in the constitution of the Assembly due to the failure to vote on the report of the Commission for the Verification of Mandates and Quorum.
At today’s KLI press conference, regarding the progress of the constitutive session and the steps that need to be taken, KLI called on deputies to vote on the report for verifying the quorum and mandates.
According to researcher Melos Kolshi, all political parties must overcome differences and legal interpretations and approve the report of the Temporary Commission for the Verification of Quorum and Mandates.
“In this situation, the deputies elected in the February 9 elections must reflect on the importance of voting on the Commission’s report and the necessity of constituting the Assembly,” he said. According to him, the paralysis of the Assembly cannot be an alternative.
Furthermore, Kolshi stated that in the spirit of institutional functioning, it must be interpreted that members of the Government must resign at the moment of taking the oath as deputies and under no circumstances can they simultaneously serve as deputies and acting Prime Minister or ministers.
According to him, all of this has arisen due to ambiguities regarding the resignation of members of the government cabinet, which were created as a result of the inadequate regulation of the Law on the Government No. 08/L-117 of the Government of the Republic of Kosovo.
Kolshi also noted that there is a discrepancy between constitutional provisions.
“Specifically, Article 66 of the Constitution of Kosovo stipulates that the mandate of the Assembly begins from the day of the constitutive session, whereas Article 70, paragraph 2, states that a deputy’s mandate begins from the day the election results are certified,” Kolshi said, as reported by Betimi për Drejtësi.
These provisions conflict with each other, where the article stating that “the deputy obtains the mandate from the day of election certification” has been later carried into the Law on the Government, producing more ambiguity than practical solutions, as observed in the current situation, Kolshi added.
Regarding the letter sent by the acting Prime Minister, Albin Kurti, to the Speaker of the 8th Legislature, researcher Naim Jakaj stated that it does not constitute an act of resignation.
“Mr. Kurti’s interpretation that his Government has the status equivalent to a government in office applies to the Government as an institution and not to him as its head. The content of the Prime Minister’s notice indicates his intention to continue leading the government in office even while being a deputy,” Jakaj said.
According to Jakaj, the Prime Minister must submit a resignation in the classical sense and not interpret his position otherwise.
“The resignation letter must be clear and leave no room for interpretation. The same letter should not be addressed to the former Speaker of the Assembly, Mr. Glauk Konjufca,” Jakaj said.
According to him, until the election of the new Speaker of the Assembly, the resignation letter should be submitted to the Presiding Officer of the constitutive session, who, according to the Rules of Procedure of the Assembly, is the eldest deputy, Avni Dehari.
Researcher Naim Jakaj emphasized that at the moment a person takes the oath as a deputy, they can no longer hold a government position, regardless of whether it is a regular or acting government.
Jakaj stressed that resignation from government positions must occur at the moment of taking the oath as a deputy or immediately thereafter, and these resignations must be submitted to the Presiding Officer of the constitutive session and the Assembly administration.
He mentioned two possibilities, constitutional and legal, that deputies can raise in case the Prime Minister and acting ministers fail to resign.
“In the absence of resignation by the Prime Minister and acting ministers, deputies have two mechanisms at their disposal: first, to exercise the right to request a constitutional review regarding the election of the Assembly, as provided under Article 113.3 (5) of the Constitution, and second, to file a criminal complaint, as provided under Article 417 (Conflict of Interest) of the Criminal Code, with the State Prosecutor,” Jakaj added.
At this press conference, KLI also presented a model resignation letter which, according to them, can be used to formalize the resignations of the Prime Minister and ministers and proceed with the constitution of the Assembly.
According to researcher Astrit Kolaj, this document will facilitate the process toward constituting the Assembly of Kosovo, reported Betimi për Drejtësi.
“To facilitate the process of constituting the Assembly of the Republic of Kosovo, KLI has prepared a model resignation letter that meets the necessary criteria to open the way for the constitution of the Assembly,” Kolaj concluded at the conference.
This letter has been sent to the Presiding Officer of the Constitutive Session, Avni Dehari, so that he can forward it to the elected deputies holding executive positions until the time of their oath as deputies.
The Kosovo Law Institute calls on all institutional and political actors to act responsibly and in accordance with the Constitution to restore normalcy and functionality in the Assembly of the Republic of Kosovo.