EU: It’s Up to the Constitutional Court to Judge the Formation of the Government and the Assembly

The European Union (EU) said it was aware of Sunday’s vote, during which Kosovo’s Assembly was constituted and the new Government formed, but added that it is up to the country’s highest court to assess the constitutionality of the establishment of these institutions.

“We are aware of Sunday’s votes, as well as the decisions on the constitution of the Assembly and the formation of the Government. We are also aware of the request submitted to the Constitutional Court regarding the constitutionality of these decisions. It is up to the Constitutional Court to rule on the submitted request,” a European Commission spokesperson told Radio Free Europe.

The spokesperson also stressed that Kosovo needs institutions “fully consolidated in order to advance reforms and move forward on the EU integration path, including within the framework of the Growth Plan for the Western Balkans.”

In the constitutive session held on Sunday, September 13, deputy speakers were elected from among the Democratic League of Kosovo, the Serb community and non-Serb minorities, while Speaker Albulena Haxhiu declared the legislature constituted without the election of a deputy speaker from the ranks of the Democratic Party of Kosovo — the country’s second political force.

A few hours later, an extraordinary session was held where Kosovo’s new Government led by Albin Kurti was voted in. This session was boycotted by the PDK, LDK and the Alliance, while only MPs from Kurti’s Vetëvendosje Movement and non-majority communities took part.

The PDK, which did not take part in the constitutive session, had previously withdrawn Vlora Çitaku’s candidacy for deputy speaker of the Assembly, after the LVV had not voted for her in the September 11 session. The LVV then said it would support Çitaku’s candidacy, but the PDK did not take part in the session.

On September 11 the LVV deputy speaker had been elected, while Haxhiu had been elected head of the legislature in the preliminary session held on September 9.

After the constitution of the Assembly and the formation of the Government, the PDK turned to the Constitutional Court with a request to impose a temporary measure on the new Assembly, until it examines whether its constitution was carried out in accordance with the Constitution.

A European Commission spokesperson also confirmed that the EU is aware of the request submitted to the Constitutional Court regarding the constitutionality of these decisions, assessing that it is up to this institution to rule on the submitted request.

Two MPs of this party, Arian Tahiri and Përparim Gruda, together with lawyer Faton Fetahu, submitted the complaint on behalf of the party on Monday morning.

Speaking to the media after submitting the complaint, Tahiri said that “it is important that a temporary measure be imposed first, so that no damage or more serious situations are caused in a legal and institutional sense.”

According to them, the ruling Vetëvendosje Movement violated the constitutional deadline of 30 days for constituting the Assembly, as well as the procedure for calling the session every 48 hours until its constitution.

According to a Constitutional Court judgment from last year, the Assembly must be constituted within 30 days of the certification of results. This deadline expired on August 7, 2026./Radio Free Europe/