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Constitutional Court: Serbian List has the right to propose the Deputy Speaker of the Assembly

2025-10-08 18:04:55Kosova&Bota SHKRUAR NGA REDAKSIA VOX

Constitutional Court: Serbian List has the right to propose the Deputy Speaker

A week after the announcement that the Assembly was not constituted, the Constitutional Court issued its full verdict.

The Serbian List had complained about the election of Emilija Rexhepi as deputy speaker of parliament from among other minority communities.

For this reason, "the Court finds that the procedure for electing the Deputy Speaker of the Assembly from other communities that are not in the majority is not contrary to the Constitution."

The largest Serbian party in Kosovo also complained about not electing a vice president from the ranks of this community.

The court found that the right to propose the deputy speaker from the Serbian community belongs to the majority or the largest number of deputies from this community.

It also makes it clear that the criterion of proposing the same candidate only three times also applies to the position of vice president.

In this specific case, he says that this right has been exercised in past sessions both through the proposal of a candidate from the Serbian List, but also by lottery.

Despite this, the Constitutional Court says that the deputies failed to elect the deputy speaker from the Serbian community and thus the Assembly of Kosovo was not constituted.

In this judgment, the Constitutional Court recognizes the continuation of the work of the parliament in the event that a vice-president is not elected after exhausting all possibilities, but in “The Court emphasizes that this is not the case in the concrete circumstances because the failure to constitute the Assembly in the present case is attributable to the non-voting of the majority of elected deputies of the Assembly, for the proposed candidates, whether proposed directly from among the deputies of communities that are not in the majority, namely the Serb community; or through the lottery procedure”.

Thus, the Constitutional Court obliges the deputies to return to the chamber within the remaining 12 days and participate in the process for electing the Serbian Deputy Speaker.

"The Court emphasizes that the elected members of the Assembly must be present and vote for, against or abstain from the election of the Deputy Speaker of the Serb community, in the spirit of the obligation for constructive cooperation in good faith," the judgment states.

Eight candidates from the Serbian community have failed to receive the 61 votes needed to be elected vice president three times, while two of them have rejected their candidacy.

However, "The Court considers that the criterion for voting 3 (three) times for the same candidate cannot in itself become an obstacle to the constitution of the Assembly, if the 30 (thirty) day deadline for the constitution of the Assembly has not expired and provided that there is a will of the elected members of the Assembly to constitute the Assembly."

The Constitutional Court reminds MPs that the representation of communities that are not in the majority in the Assembly, including in the Presidency of the Assembly, is a constitutional obligation.


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