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.<\/p>\n
The issue centers around conflicting interpretations of the Law on Government and the Constitution of Kosovo.<\/p>\n
What the Law Says:<\/p>\n
According to Article 26, point 1 of the Law on Government:<\/p>\n
“If a member of the Government is elected to the Assembly, they must resign from the Government before the certification of election results.”<\/p>\n
Two Conflicting Interpretations:<\/p>\n
Institute of Kosovo for Justice (IKD):<\/p>\n
No need to resign before certification, but responsibilities of the government are limited after certification.<\/p>\n
Researcher Naim Jakaj argues ministers should resign only after taking the oath as MPs, ensuring continuity of institutions.<\/p>\n
Jakaj calls for a logical interpretation of the Constitution, as there\u2019s inconsistency about when the parliamentary mandate begins\u2014upon certification or upon taking the oath.<\/p>\n
Group for Legal and Political Studies (GLPS):<\/p>\n
According to researcher Levik Rashiti, Article 72 of the Constitution clearly states:<\/p>\n
“The mandate of a Member of Parliament begins on the day the results are certified by the CEC.”<\/p>\n
Therefore, government members must resign before the certification or risk a constitutional conflict.<\/p>\n
Limited Government Powers:<\/p>\n
Both experts agree that once election results are certified, the Kurti government will operate with limited powers, as defined by the Law on Government:<\/p>\n
Cannot propose new laws<\/p>\n
Cannot initiate international agreements<\/p>\n
Cannot appoint officials or nominate board members<\/p>\n
Context:<\/p>\n
Kurti\u2019s cabinet has completed a full 4-year term, in office since March 22, 2021.<\/p>\n
All ministers except Besnik Bislimi and Liburn Aliu (not on VV’s MP list) have been elected to the new Assembly.<\/p>\n
This legal gray area underscores the need for constitutional clarity, especially during transitional periods following elections.<\/p>\n
<\/p>\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
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 […]<\/p>\n","protected":false},"author":23,"featured_media":77416,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[163,1803],"tags":[243,151],"acf":[],"yoast_head":"\n