Kosovo assembly deadline expires, with several possible consequences

The 30-day constitutional deadline for constituting Kosovo’s Assembly has expired, but that does not by itself dissolve the legislature or trigger new parliamentary elections.

Under Article 66 of the constitution, the Assembly’s mandate begins with its constitutive session. That session must take place within 30 days of the official publication of election results. Kosovo’s latest elections were held on June 7, and the results were officially announced on July 9.

The Constitutional Court has interpreted the requirement as more than simply convening a session. Constituting the Assembly is a constitutional process that must be completed within the 30-day period. It includes verifying mandates, swearing in lawmakers, and electing the speaker and five deputy speakers.

The constitution contains no explicit provision stating that the Assembly is automatically dissolved once the deadline passes. The missed deadline is nevertheless significant for the constitutionality and functioning of the state, particularly if the Assembly has not completed the steps required for its full constitution. Questions could arise over whether institutions are acting constitutionally and what legal consequences follow from the unfinished process.

The Constitutional Court has final jurisdiction over constitutional interpretation, but it cannot open the issue on its own initiative. Under Article 113, an authorized subject must submit a request. The constitution is more explicit on the election of the president: if the Assembly fails to elect one within the prescribed period, it is dissolved by force of the constitution and early parliamentary elections follow. A separate mechanism applies to government formation. If the first candidate fails to win the necessary majority and a second candidate also fails, the president calls new elections.