Gogic: It would be most appropriate for Kosovo to first elect a president who would give the mandate to form a government

Political scientist Ognjen Gogic says that, from a legal standpoint, the most appropriate course of action would be for Kosovo, after constituting the Assembly, to first elect a president and then have a president with a full mandate give the mandate to form a government.

However, given that consensus on electing a president is unlikely, Gogic adds that it would be better for Kosovo to have a government, even on a temporary basis, rather than go through two electoral cycles without either a government or a president.

"If Kosovo is heading toward new elections, it would be better for it to have at least one of those two institutions functioning with full authority, either a government or a president. But it is possible to reconcile the situation by first attempting to elect a president and then, if there is no majority, proceeding with the formation of a government," Gogic told Kosovo Online.

According to constitutional provisions and Constitutional Court interpretations to date, he explains, the moment the Kosovo Assembly is constituted, a 60-day deadline begins to run for the election of both the government and the president.

He points out that the question has arisen as to whether Kosovo's acting president can give the mandate to form a government, and that there are differing opinions on the matter. According to Gogic, the moment a new speaker of the Kosovo Assembly is elected, the mandate of the current acting president, Albulena Haxhiu, comes to an end.

"The position of president of Kosovo is linked to the position of speaker of parliament from the previous legislature. Therefore, the moment a new speaker is elected, provided there is a majority for that, that person automatically becomes acting president of Kosovo as well. It would not be Haxhiu unless she is re-elected as speaker. The question then becomes whether that new acting president can give the mandate to form a government or not. Or whether Kosovo must first elect a president with a full mandate, who would then be able to give the mandate to form a government," Gogic said.

However, he notes that this situation is not new.

"It was the same 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 held that position for about 15 days and, in that capacity, gave Albin Kurti the mandate to form a government. If that was the practice in 2021, the question is why it should not be the case in 2026 as well," he said.

In his view, a new constitutional and legal crisis could arise if the newly elected speaker of parliament, who becomes acting president of Kosovo, gives 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. It is then up to the parliamentary majority to decide whether to first try to elect a government or a president. However, since everyone is speculating that Kosovo will most likely head to new parliamentary elections as early as this autumn or winter, it would be good for the functionality of the institutions and the system to elect a government, even if it were to fall after two months and even if new elections followed. Otherwise, Prime Minister Kurti would remain a caretaker prime minister the entire time, while his government was elected by an Assembly whose mandate expired long ago," Gogic pointed out.

He notes that Albin Kurti can form a government with the support of minority representatives, and that other Albanian parties currently in opposition could also form a government, although they would need to build a coalition not only with other minority parties but also with the Serb List.

"Two scenarios are possible for the formation of a government, but for the sake of Kosovo's stability it would be better for either bloc to form a government, even if it were short-lived, than to wait for new elections with the current caretaker government," Gogic believes.

According to him, the election of the speaker of parliament will be the test of whether a coalition exists or not.

"If Albin Kurti manages to secure the election of his candidate for speaker of parliament with the support of minority representatives, that would mean that agreements on forming a government already exist," Gogic concluded.