The Constitutional Court of Kosovo ruled on Tuesday that the constitutive session of the Assembly, which began on April 15, has not been concluded and must be finalized within 12 days from the entry into force of this judgment.

In its reasoning, the Court noted that the Assembly has yet to elect a deputy speaker from among the Serb community representatives.

It ordered lawmakers to exercise their constitutional duties in line with the applicable provisions, in the best interest of Kosovo, when electing the deputy speaker from this community.

The Court’s decision followed a complaint by the Serb List – the largest party representing Kosovo Serbs – concerning the separate votes for deputy speaker candidates from minority groups.

Emilija Rexhepi was elected deputy speaker from the non-Serb minority, while none of the Serb MPs secured the required votes despite several rounds of voting. The Serb List argued that Assembly Speaker Dimal Basha acted improperly when he declared the Assembly constituted without the election of a Serb deputy speaker.

After accepting the complaint, the Constitutional Court imposed an interim measure prohibiting lawmakers from taking steps toward forming a new government until September 30, citing concerns of possible constitutional violations.

The ruling has been criticized by the Vetëvendosje Movement, the party that won the most votes in the February 9 election and currently holds power. Meanwhile, President Vjosa Osmani said recently that blocking the Assembly over the lack of a Serb deputy speaker – while its Presidency has quorum – would seriously undermine the very foundations upon which the state is built.

According to her, joint voting for the two seats reserved for minorities is not required by the Constitution, as claimed by the Serb List, and the Assembly’s Rules of Procedure cannot override the country’s highest legal document.