Constitutional Court Rules in Favor of Kosovo’s President

Kosovo’s Constitutional Court has ruled in favor of President Hashim Thaci, granting the right to the second-largest party, the Democratic League of Kosovo, to form a new government, ignoring the winner of the elections – “Self-Determination”.

The court ruling, which was made public at 22:30 on May 28th, states that the president does not have to call new elections when the government loses parliamentary support and forming a new government without the winner of the elections, is constitutional.

The elections winner “Self-Determination” of the incumbent Prime Minister Albin Kurti called the decision of the Constitutional Court “scandalous”and announced new protests, demanding early elections.

President Thaci and LDK Prime Minister nominee Avdullah Hoti welcomed the decision and called for a quick vote on the new government.

The government, led by Albin Kurti, was overthrown in a no-confidence vote initiated by coalition partner LDK on March 25th, just 52 days after taking power. The president did not call new elections, as in two other previous cases, but called on “Self-Determination” to form a new government. The constitution does not specify a deadline for nominating a prime minister and electing a government, but President Thaci mandated the LDK to form a new government after “Self-Determination” failed to nominate a candidate within 20 days of the president’s first invitation.

The Constitutional Court argued in its ruling that the lack of a specific deadline in the Constitution did not mean that the winner of the election could prolong the nomination of a candidate for prime minister indefinitely. According to the judges of the Constitutional Court, the spirit of the Constitution requires the party or coalition to act quickly in forming the government, in cooperation with the president.

“The Court emphasizes that the appointment of a candidate for Prime Minister includes not only the President’s obligation to decree it, nor only the right of the winning political party to nominate that nominee, but also the latter’s obligation to propose or refuse to propose a candidate for Prime Minister. In particular, the nomination of the candidate for Prime Minister includes the obligation of mutual cooperation between the President and the winning political party in this process”, the Constitutional Court said in its final decision.

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