Kosovo Court Sets Oct. 6 Deadline to Elect a President

The Constitutional Court of Kosovo published its full 49-page ruling in joined cases KO256/26 and KO258/26 on the evening of September 29, and it says what happens if lawmakers fail to elect the country’s president by October 6: the Assembly is dissolved by the Constitution itself, and snap parliamentary elections must be held within 45 days.

The court announced its operative decision unanimously on September 23, six days earlier. The cases were brought by lawmakers of the Democratic Party of Kosovo (PDK), who challenged the election of Albulena Haxhiu as Assembly speaker, the separate votes on deputy speakers, the finding that the 11th legislature had been constituted, and the September 13 decision electing the government.

How did the court calculate that the deadline expires on October 6?

The Central Election Commission certified the results on July 8, so the 30-day deadline for constituting the Assembly expired on August 7. Haxhiu was elected speaker only on September 9, and the Assembly was declared constituted on September 13.

According to the court, that delay does not trigger automatic dissolution, because the Constitution does not provide for such a consequence. But the 60-day deadline for electing a president began running on August 8, the first day after the constitution deadline lapsed, and it expires on October 6. The court cited Articles 82 and 86 of the Constitution, and bases dissolution in the absence of a president on subparagraph 3 of paragraph 1 of Article 82.

In its reasoning, the court states:

As a result of the above finding that the sixty (60) day deadline for electing the President of the Republic of Kosovo began on August 8, the Court finds that this deadline expires on October 6. Therefore, bearing in mind the necessity of the functioning of constitutional institutions, namely the continued functioning of the institution of the President with a full mandate and full constitutional powers, the Court considers that the Assembly should carry out and complete the procedure for electing the President by October 6

The court describes the head of state in the words that “the president represents the unity of the people, represents the state at home and abroad and guarantees the democratic functioning of institutions.”

What did the ruling decide on the government and deputy speakers?

The court found the September 13 election of the government of Albin Kurti (Kurti 4), held a few hours after the Assembly was constituted, to be consistent with Article 95 of the Constitution. The Assembly’s September 11 decision to vote on deputy speakers individually, adopted with 71 votes, does not violate Article 67.

The PDK candidate Vlora Citaku was not elected deputy speaker on September 11: 44 lawmakers voted for, one against, and 56 abstained. The PDK temporarily withdrew the candidacy on September 13, but the court holds that this is not a waiver of the party’s right to nominate a deputy speaker, and orders that a deputy speaker from that party be elected as soon as possible.

Is there still room for a deal?

The Government of Kosovo holds its third session on September 30 with 35 items on the agenda. According to the agenda published by the prime minister’s office, the PDK proposal to amend the Law on the Specialist Chambers is not listed as a separate item.

PDK leader Bedri Hamza says signatures are being collected in parallel, since 40 are needed to call an extraordinary Assembly session, and that Kurti is waiting for the Ministry of Justice’s opinion on the amendments but still has no clear position after that. Hamza had earlier tied the presidential vote to that law, and told Gazeta Express about a possible agreement between the PDK and Self-Determination:

As for a president who would be elected on the basis of an agreement between the PDK and Vetevendosje, I advocate for individuals with significant experience, those who have worked in institutions, even if they are currently active in Kosovo politics

Analysts speaking to Tëve1 assess the chances differently. Dzavit Drenori links a deal to the Specialist Chambers’ verdict in The Hague against four Kosovo Liberation Army (KLA) leaders:

I am inclined to believe that such an agreement can be reached. It is in the national interest that it be reached, because the question of the ruling from The Hague is truly the last chance to preserve at least a fragment of something that is very sacred, and that is the KLA

Visar Dzani judges that party statements look more like election preparation, but lists three options for electing a president:

However, there are good chances, if there is the will, to find a solution and avoid elections. The key issue appears to be the election of the president, and on that question we currently have three options. The first is the demand of the Alliance, which has said that it can offer support if certain conditions are met. The second is the PDK demands to amend the Law on the Specialist Court. The third option is the LDK, which, although divided, says it is united when it comes to a candidate from its own ranks. So all of this represents a basis that can guarantee that, with efforts to turn it into a concrete result, that result will also be achieved

By the second option, Dzani means the legal amendments the PDK is demanding. Six days remain until the deadline, and if no president is elected by October 6, elections must be held within 45 days of the Assembly’s dissolution.