Debate has emerged in Kosovo over when Prime Minister Albin Kurti and his cabinet ministers, elected as MPs in the February 9 elections, should resign from their government posts.

The issue centers around conflicting interpretations of the Law on Government and the Constitution of Kosovo.

What the Law Says:

According to Article 26, point 1 of the Law on Government:

“If a member of the Government is elected to the Assembly, they must resign from the Government before the certification of election results.”

Two Conflicting Interpretations:

Institute of Kosovo for Justice (IKD):

No need to resign before certification, but responsibilities of the government are limited after certification.

Researcher Naim Jakaj argues ministers should resign only after taking the oath as MPs, ensuring continuity of institutions.

Jakaj calls for a logical interpretation of the Constitution, as there’s inconsistency about when the parliamentary mandate begins—upon certification or upon taking the oath.

Group for Legal and Political Studies (GLPS):

According to researcher Levik Rashiti, Article 72 of the Constitution clearly states:

“The mandate of a Member of Parliament begins on the day the results are certified by the CEC.”

Therefore, government members must resign before the certification or risk a constitutional conflict.

Limited Government Powers:

Both experts agree that once election results are certified, the Kurti government will operate with limited powers, as defined by the Law on Government:

Cannot propose new laws

Cannot initiate international agreements

Cannot appoint officials or nominate board members

Context:

Kurti’s cabinet has completed a full 4-year term, in office since March 22, 2021.

All ministers except Besnik Bislimi and Liburn Aliu (not on VV’s MP list) have been elected to the new Assembly.

This legal gray area underscores the need for constitutional clarity, especially during transitional periods following elections.