Kosovo facing a new legal labyrinth: Should the President or the Government be elected first?

As Kosovo awaits the Central Election Commission (CEC) to blow the final whistle and certify the official election results, it is facing a new legal dilemma: after the Assembly is constituted, should the president or the government be elected first? Most of Kosovo Online’s interlocutors believe that the correct sequence is to elect the President of Kosovo first and then the government. They also argue that if the Self-Determination Movement wants a president to be elected, it must either nominate a non-partisan figure or accept one of the opposition’s proposals. If electing a president once again proves to be an impossible mission, some believe that before returning to the polls, a fully empowered government should be elected, even if it were to last only two months.

Written by: Dusica Radeka Djordjevic

Caretaker Prime Minister and Self-Determination leader Albin Kurti announced today that his party would begin talks with other political parties immediately after the Central Election Commission confirms the election results.

Whether the primary topic will be who will become Kosovo’s next president or what the new government will look like remains unclear.

According to former President of the Constitutional Court of Kosovo Enver Hasani, after the constitution of the Kosovo Assembly following the elections held on June 7, lawmakers should first address the issue of electing the president.

“What I am saying is not my opinion, but a legal norm. The latest Constitutional Court judgment, paragraph 162, clearly states that whenever there is no president, or when the office is vacant, the president must be elected first,” Hasani said.

Former Vice President of the Constitutional Court Kadri Kryeziu holds a different view. According to him, the parliament should first be constituted, then the government formed, and only afterward should the president be elected.

Former Chairwoman of the Central Election Commission Valdete Daka notes that Kosovo’s Constitution does not prescribe a precise sequence, but she also believes it is logical to elect the president immediately after constituting the Assembly.

Political scientist Ognjen Gogic says that, from a legal standpoint, the most appropriate course of action would be for Kosovo to elect its president first after constituting the Assembly, and then for a fully mandated president to grant the mandate for forming a government.

However, given that consensus on electing a president appears unlikely, he argues that it would be preferable for Kosovo to have a government, even temporarily, rather than go through two electoral cycles without either a government or a president.

“If Kosovo heads to new elections, it would be better for it to have at least one of these two institutions functioning in full capacity—either the government or the president. But the situation could be reconciled by first attempting to elect a president and, if no majority is secured, then proceeding with the election of a government,” Gogic told Kosovo Online.

According to political analyst Nexhmedin Spahiu, the question of who should be elected first is largely irrelevant because, if a government is elected, it will essentially be the same as the current one.

“Kurti has the necessary parliamentary numbers for that, and even if a government is not elected, the current caretaker government will remain in office. Kurti’s government is effectively not doing anything, so it makes little difference whether it is a caretaker government or a fully empowered one. What matters is reaching an agreement on the president, and I hope that can be achieved within the 60-day period following the constitution of parliament,” Spahiu said.

He believes, however, that Kurti will use the 60-day deadline for electing a president to keep Albulena Haxhiu in the position of acting president, allowing key appointments such as the chief prosecutor and certain ambassadors to be made. After that, he argues, the presidency may become less important to Kurti and could even be left to the opposition.

Looking at the distribution of parliamentary seats, Spahiu says Kurti could reach an agreement on the presidency with either the Democratic Party of Kosovo or the Democratic League of Kosovo, although he is unlikely to accept Vjosa Osmani as a candidate.

“With his coalition, Kurti has 62 MPs, while the LDK has 18, bringing the total to 80, which is enough to elect a president. The same applies to the Democratic Party of Kosovo, which holds 22 seats. The numbers do not allow for any meaningful agreement with Ramush Haradinaj, whose party has only seven MPs,” Spahiu said.

He believes Kurti enters negotiations on the presidency from a position of strength because he can form a government on his own.

“He can ask the Democratic League of Kosovo to nominate two candidates, since the Constitution requires two presidential candidates. If the LDK refuses, he can nominate one of his own and still prevail. Therefore, they will have to propose two candidates, after which Kurti can choose the one he prefers. The Democratic Party of Kosovo could also submit candidates, allowing him to select one name from among three or four contenders. Given the number of votes he secured, he is in an enviable position,” Spahiu noted.

Aleksandar Rapajic, Executive Director of the NGO Center for Advocacy of Democratic Culture in North Mitrovica, says that after the Assembly is constituted and before a government is formed, a vote on electing the president must take place.

“Until the presidential election process is completed, a government cannot be voted in. It is also very clear that no president can be elected without Self-Determination. The presence of 80 MPs in the chamber is required for the election, meaning Self-Determination can effectively decide whether there will be a presidential election or not and can block the entire process,” Rapajic told Kosovo Online.
In his view, if Self-Determination truly wants a president to be elected, it will nominate a non-partisan figure—such as a professor or academic—who would be acceptable to other parties. If it nominates a political figure, he believes the opposition will refuse to support the candidate.

A New Crisis?

Supporting the argument that the president should be elected before the government, constitutional law professor Mazlum Baraliu points to the Constitution, which states that the president—not an acting president—has the authority to grant the mandate to form a government.

According to Gogic, the question of whether an acting President of Kosovo can grant a mandate to form a government could trigger a new constitutional and legal crisis.

He explains that once a new Speaker of the Kosovo Assembly is elected, Albulena Haxhiu’s mandate as acting president automatically ends.

“Her position as acting President of Kosovo is tied to the position of Speaker of Parliament held by the previous parliamentary term. Therefore, the moment a new Speaker is elected, assuming there is a majority for that, that person automatically becomes the acting President of Kosovo. That person would not be Haxhiu, unless she is re-elected as Speaker. The question then becomes whether the new acting president can grant a mandate to form a government, or whether a president with a full mandate must first be elected,” Gogic explains.

He notes, however, that the situation is not unprecedented.

“The same thing happened in 2021. Following the parliamentary elections, Kosovo had both an acting president and a caretaker prime minister. Glauk Konjufca was elected Speaker of Parliament and automatically became acting President of Kosovo. He served in that capacity for about 15 days and, as acting president, granted Albin Kurti the mandate to form a government. If that was accepted practice in 2021, the question arises as to why it should not be the case in 2026,” he said.

According to Gogic, a new constitutional crisis could emerge if the newly elected Speaker—acting as President of Kosovo—grants someone the mandate to form a government and another party challenges that decision before the Constitutional Court.

“Under the 2021 model, the Speaker of Parliament is elected first and automatically becomes acting President of Kosovo. Then it is up to the parliamentary majority whether it first attempts to elect a government or a president. However, since many speculate that Kosovo will likely hold new parliamentary elections this autumn or winter, it would be beneficial for institutional functionality and constitutional order to elect a government—even if it collapses after two months and new elections follow. Otherwise, Prime Minister Kurti will remain a caretaker prime minister throughout, while his government was elected by an Assembly whose mandate expired long ago,” Gogic points out.

Are Foreign Actors Applying Pressure?

Diplomats accredited in Pristina have suggested that political parties should work together to quickly establish a stable parliament, a functional government, and elect a president.

Will there be pressure beyond mere “advice” in the coming period?

Rapajic says that international actors have long been urging political leaders in Pristina to form institutions and avoid new elections, but that the current situation clearly suits Self-Determination.
“They are effectively in power but bear no responsibility because the institutions do not formally exist. For nearly two years now, we have been in a situation where Albin Kurti’s government is effectively governing, but whenever action is required, it says: ‘We are a caretaker government and cannot do anything,’” he said.

Asked whether foreign actors will pressure parties to reach an agreement on the presidency, Spahiu says it appears they have decided not to interfere in Kosovo’s internal affairs as long as their own interests are not threatened.

“Kosovo is too small to endanger the interests of major powers. Since it has been 18 years since independence—which is adulthood for a nation, just as it is for an individual—they will probably continue not to interfere in this process,” Spahiu concluded.