The Kosovo Law Institute (IKD) has responded following the developments in the constitutive session of the Assembly of the Republic of Kosovo, which was suspended. According to IKD, this was due to “the failure to vote on the Report of the Commission for Verification of Mandates and Quorum, based on the reasoning that the Prime Minister and government officials did not resign from their positions in the Government of the Republic of Kosovo.”
IKD has consistently emphasized that the ambiguities surrounding the resignation of cabinet members stem from inadequate regulation in Law No. 08/L-117 on the Government of the Republic of Kosovo.
Furthermore, IKD reiterates that within the spirit of institutional functioning, constitutional and legal provisions must be interpreted in a way that requires government members to resign the moment they are sworn in as MPs.
Moreover, according to IKD, “the letter submitted by the acting Prime Minister, Mr. Albin Kurti, does not constitute an act of resignation. Mr. Kurti’s interpretation that his government has the status of a caretaker government applies to the government as an institution and not to him as its leader. The contents of the Prime Minister’s letter show his intention to continue leading the caretaker government while also serving as a Member of Parliament.”
“Based on Law No. 08/L-117 on the Government of the Republic of Kosovo, the Prime Minister must resign at the moment he is sworn in as an MP. From that point on, the government will continue to function as a caretaker government, but Mr. Kurti can no longer lead it. Leadership would instead pass to the Deputy Prime Minister of the acting government, while ministerial posts would be managed by deputy ministers. The only exception applies to ministers who were not elected as MPs, in which case they may continue to perform their duties,” the statement reads.
IKD stresses that a resignation letter must be clear and leave no room for interpretation. It also should not be addressed to the former Speaker of the Assembly, Mr. Glauk Konjufca. Currently, until the new Speaker is elected, the resignation letter should be directed to the presiding officer of the constitutive session, who according to the Assembly Rules of Procedure is the oldest MP—currently Mr. Avni Dehari.
In conclusion, IKD calls on all political parties to respect the Constitution and applicable laws and to swiftly constitute the Assembly of the Republic of Kosovo, paving the way for the formation of new institutions.
The opposition has also cast doubt on the resignation of Kurti and other government members who were elected as MPs in the February 9 elections.
