Constitutional Court: Election of Rasic as Deputy Speaker of the Assembly was unconstitutional

The Constitutional Court of Kosovo ruled today that the election of Nenad Rasic as Deputy Speaker of the Assembly in October 2025 was not in accordance with the Constitution and the Rules of Procedure of the Assembly.

“With five votes in favor and two against, Decision No. 09-V071 of the Assembly of the Republic of Kosovo of 10 October 2025 on the election of a Deputy Speaker of the Assembly from among members of the Serb community is not in conformity with paragraph 4 of Article 67 (Election of the President and Deputy Speakers of the Assembly of the Republic of Kosovo), in conjunction with subparagraph 1 of paragraph 6 and paragraph 7 of Article 12 (Election of Deputy Speakers of the Assembly) of the Rules of Procedure of the Assembly of the Republic of Kosovo,” the ruling states.
According to the judgment, the right to nominate a candidate belongs to the majority of MPs from the Serb community, and this requirement was not respected.
“In the context of the procedure for electing a Deputy Speaker from among members of the Assembly who do not belong to the majority community, the Judgment emphasizes that the right of nomination, as defined by the Rules of Procedure of the Assembly and in both the letter and spirit of the Constitution—also affirmed in the Court’s case law—belongs to the majority or the largest number of Assembly members from among the non-majority communities, elected in accordance with subparagraphs 1 and 2 of paragraph 2 of Article 64 (Structure of the Assembly) of the Constitution, who enjoy the greatest democratic legitimacy within their respective communities,” the statement adds.
The Court found that the deadlock-breaking mechanisms, including the drawing of lots, were misapplied; however, due to the principle of legal certainty, the decision does not have retroactive effect.
“Applying the above principles to the circumstances of the present case, the Court, as explained in the Judgment, concluded that the majority of MPs from the Serb community exercised their right to nominate a Deputy Speaker of the Assembly, that is, a member of the Assembly Presidency, by proposing nine (9) candidates. Accordingly, the election of MP Mr. Nenad Rasic to the position of Deputy Speaker of the Assembly did not result from a proposal by the majority of MPs from the Serb community, nor was there a refusal by that majority to exercise this right. Consequently, the Court determined that, in the circumstances of the present case, the deadlock-breaking mechanisms were not used in accordance with the spirit and purpose for which they were intended,” the ruling states.
Rasic was elected Deputy Speaker of the ninth convocation of the Assembly of Kosovo from the Serb community on 10 October, while Serb List filed an appeal with the Constitutional Court on 16 October.