Whenever the situation surrounding the creation of Kosovo’s institutions during 2025 was blocked, the address for a way out was the Constitutional Court.
In just eight months, this court issued four judgments regarding the constitution of the Kosovo Assembly, with clarifications on how the session should be conducted with only four agenda items.
A similar situation is being repeated this year, but can the Constitutional Court provide a solution this time too?
The Assembly has not concluded the constitution process launched on August 6, after the leader of the Vetevendosje Movement (LVV), Albin Kurti, requested additional time to reach a political agreement.
The deadline for concluding the constitution ended on August 7, based on the Constitutional Court’s ruling of June 26, 2025, writes Free Europe/Radio Liberty.
There, the Court determined that the Assembly must be constituted within 30 days of the certification of the election results, but without clarifying the legal consequences if this does not happen.
Precisely to clarify what happens when the Assembly is not constituted within the deadline, former President Vjosa Osmani sent a request to the Constitutional Court in July 2025.
However, she withdrew it after a few days, after Radomir Llaban, whom she described as a “danger to national security”, was appointed as the reporting judge in this case.
In the press release at the time, the Constitutional Court had stated that “it is the right of the parties before the Court to request the withdrawal of the submitted requests”, which the Court handles based on the Constitution, the Law on the Constitutional Court and its Rules of Procedure.
This court did not respond to Radio Free Europe/Radio Liberty whether it is still reviewing this case, or whether it has been closed.
However, the Rules of Procedure of the Constitutional Court provide that the examination of a request may continue, despite withdrawal by the parties, “when this is required by the public interest and/or respect for fundamental human rights and freedoms guaranteed by the Constitution.”
Could a verdict on Osman’s request resolve the situation?
Flamur Hyseni, a professor at the Faculty of Law at the University of Pristina, tells Radio Free Europe that he does not expect another clarification from the Court to resolve the impasse – if political will is lacking.
According to him, political deadlocks should not be resolved by shifting responsibility from the 120 MPs to the Constitutional Court.
“The court can define constitutional boundaries, but it cannot replace the political process,” Hyseni says.
Meanwhile, Ehat Miftaraj, executive director of the Kosovo Institute for Law, tells Radio Free Europe that the Constitutional Court is unable to provide a solution, except to remind the deputies of the role and position they hold.
“The Constitutional Court cannot even set obligations or make decisions to dissolve the Assembly if it has not been constituted within 30 days, unless this is provided for in the Constitution,” Miftaraj asserts.
Hyseni explains that the problem lies in the fact that the Constitution does not provide for legal consequences when the 30-day deadline for constitution-making is exceeded.
He also believes that the Court cannot write a new constitutional norm to resolve the current situation.
“The Constitutional Court can interpret the Constitution, but it cannot create through interpretation a constitutional consequence that the text does not contain,” says Hyseni.
Miftaraj says that an arbitrary decision cannot be expected that tells MPs how to act, since, according to him, the Constitutional Court cannot exceed its powers.
“Only if he decides to draft a new article in the Constitution of Kosovo, through a judgment, but which would contradict the principles of parliamentary democracy,” he says.
What do the parties say about the 30-day period?
The LVV, the winning party of the June 7 snap elections – which were announced after the parties failed to reach a consensus on electing the country’s new president – has requested time for consultations with other entities, particularly on the issue of the head of state.
Acting Minister of Justice, Donika Gërvalla, said on Wednesday that, from the LVV’s perspective, MPs have until September 6 to constitute the Assembly, counting the 30-day period from the start of the session on August 6.
The Democratic Party of Kosovo has insisted that the constitution of the Assembly not be delayed, arguing that the constitutional obligation continues to be in force even after the expiration of the 30-day deadline.
Even the Democratic League of Kosovo, the only one that has agreed to talk with the LVV about a possible agreement, has demanded respect for constitutional deadlines.
Similarly, the Alliance has also called for the continuation of the constitutive session, blaming the LVV for the blockage.
Despite criticism of constitutional violations by the chairman of the constitutive session, none of the parties has filed a request with the Court regarding this matter.
However, 14 civil society organizations addressed the Constitutional Court on August 12, requesting that it take action regarding the implementation of the judgment setting the deadline for the constitution of the Kosovo Assembly.
In a situation where the Constitutional Court can define boundaries, but not replace political will, it remains to be seen whether the solution will come from the Court or from an agreement between the parties. (RFE)