Kosovo, aims to create the new government without Albin Kurti!

Within 30 days since the certification of the February 9 election results, the new parliament must be constituted to pave the way for the formation of the new Kosovo government. What are the procedures?

After certifying the results of the February 9th election by the Central Election Commission in Kosovo, Topi is now in the hands of the President of Kosovo, Vjosa Osmani. It should call on the constituent session for the oath of new MPs. This also marks the beginning of the creation of new institutions. The CEC has already sent the official letter of the results to the president and the latter has 30 days to call the session for the constitution of the Assembly of Kosovo.

The President of Kosovo, meanwhile, announced that within this legal deadline he will call the hearing, but did not give a date. « At the moment, my legal team is analyzing how much it may need to prepare this session, so that when the session is called, it is successful.

According to the results of the already certified elections, the Vetevendosje Movement has won 48 seats, followed by the Democratic Party of Kosovo with 24, the Democratic League of Kosovo, 20 countries; Srpska list, 9 seats; A country from MP Nenad Rasic and the AAK-Initiative coalition, 8 seats. 10 other countries are reserved for non -Serb minorities. The Assembly of Kosovo has a total of 120 seats.

What does Prime Minister Kurti intend?

Kosovo Prime Minister Albin Kurti, whose party Vetevendosje, was first in the election, said that he intends to vote for the new government at the constituent session of the Assembly of Kosovo and the election of the Presidency. « After the results are published, it is a session where we take the oath. We aim for a session to be elected both the chairman, the Presidency and the Government, as we have done last time on the same day, » Prime Minister Kurti said, not specifying how it will reach the number of at least 61 votes needed to vote. All opposition political parties have stated that they will not enter the coalition with Kurti.

How are the procedures for the formation of new institutions foreseen?

According to the Constitution and other laws, initially, before the results are certified, members of the current government led by Albin Kurti, who have won sufficient votes for the post of MP, according to an article of the Law on Government, must resign « before the Certification Day ». Prime Minister Albin Kurti preferred not to resign his government formal, but said that “in accordance with Article 29, par. 1, subp. 1.3 of the same paragraph and article ”.

« In this case, the law stipulates that the Government and all its members continue to perform their duties, fully observing the limitations provided for in Article 30 of the above law, as well as the requirements of the Constitution of the Republic of Kosovo, » Kurti said in a press release, adding that « this puts the government in a guardian, to ensure continuity and continuity. laws ”.

The oath and election of the Speaker of the Assembly and the Vice -Presidents

According to the Constitution and Regulation of the Assembly of Kosovo, after certifying the election results, the President must within 30 days call the constituent session of the Assembly. During this session, the young MPs take the oath and then elect the presidents and vice presidents. The post of Speaker of Parliament belongs to the first party in the election, in this case the LVV, while the largest political parties propose a candidate for vice president, but also MPs from the Serbian community and those of non-communities must propose from a deputy for the post of vice president. The chairman and vice presidents are elected by a majority of votes and constituent sessions, according to the Assembly Regulation, ends with their election.

With the constitution of the Assembly of Kosovo, the path to the formation of the new government opens. In this intermediate period, from the constitution of the new parliamentary composition to the formation of the new government, the current government is limited to a number of powers. It has no right to adopt initiatives or sign international agreements, which requires ratification of the Assembly, cannot adopt laws, strategies and concepts-document, cannot propose candidates for certain posts, nor appoint people in public positions.

How will the new government be done?

Following the constitution of the Assembly and the Presidency, President Vjosa Osmani, according to the laws, is obliged to nominate the winning party as a mandate for the formation of the new government. The proposed government cabinet must provide at least the votes of 61 deputies out of 120 deputies as the Assembly of Kosovo has. The Vetevendosje Movement, with the 48 seats secured in the elections, must definitely enter into a coalition with another party so that it can form the government.

If the Vetevendosje Movement fails to secure the support of 61 MPs, then President Osmani is obliged to invite political parties within ten days. After consultations, it is at its discretion to decide on the new mandate if it proves it has numbers to form the executive. The new mandate then has 15 days for the Assembly to the Assembly the composition of the cabinet. But if the government is not formed even after the second attempt, then President Vjosa Osmani, according to Article 95 of the Constitution, must declare new elections, which should be held no later than 40 days.

Possible scenarios

How do the current situation see political analysts, where Kurti’s self -determination did not get the absolute majority to form the government alone? According to them, the result is complicated and, in fact, both sides, both the winning and opposition party can form the government, but only with coalitions. Ehat Miftaraj, a political analyst, told the DW earlier that « despite the fact that the LVV did not receive enough votes to form the government, taking into account the specifics of the constitutional system in Kosovo, there are some scenarios that are affected by both internal and external factors. » « The first scenario is a coalition between the LVV, the non-majority community parties (excluding the Serbian List) and an Albanian political party. For this scenario to be realized in practice, it would require approaching access by the LVV and a moderate language to leave room for cooperation, which has not happened so far, » Miftaraj says.

According to the analyst, there are other possible scenarios, such as the formation of the minority government by the opposition political parties, at least with non -majority communities. « I foresee this scenario as possible, if there is political will among the three opposition political parties. » On the condition of finding a common language and at least two opposition parties to agree that the Prime Minister’s position belongs to one of them, to harmonize the government program and to agree on positions regarding the Kosovo-Serbian dialogue, and other issues, such as the EU. Miftaraj.

The general elections of February 9 were the first regular parliamentary elections held in Kosovo since the declaration of independence. The joint statement of the European Diplomacy Chief, Kaja Kalas and the Enlargement Commissioner, Marta Kos, is said that the EU expects the new assembly and government to be formed in Kosovo. « The European Union expects the Assembly and the new government to be formed in accordance with the will of the people and will continue to support Kosovo on its way to achieve European integration, including the implementation of its commitments, especially in relation to relations with Serbia and strengthening the rule of law. »