Constitutional Court of Kosovo
The Kosovo Constitutional Court on Dec. 21 ruled that the vote electing the cabinet of Avdullah Hoti was illegal as the vote of one MP in favor of the government was found invalid. The court ordered the holding of fresh parliamentary elections to be held within the next 40 days.
In the Decision, published in the evening on Dec. 21, the Court said it had unanimously upheld a complaint lodged by the Self-Determination party.
In accordance with the Constitution and the Law on General Elections, a person convicted of a criminal offence by a final court decision in the last three years cannot run for a deputy post or serve in the assembly, it is said in the Decision.
The Constitutional Court ruled that the Kosovo assembly’s decision from June 3 2020 was not compliant with the Constitution as the incumbent cabinet was not elected by a majority vote in the assembly, and called the president to schedule snap elections, which have to be held no later than 40 days from the day of the announcement.
The ruling does not have retroactive effect, and based on legal certainty principle, the decisions made by the Hoti cabinet will remain effective and the incumbent government can continue serving until a new one is elected.
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