Experts: Kurti Fulfils Constitutional Obligation on Appointing Minority Community Ministers

Albin Kurti (Beta/AP/Visar Kryeziu)

Albin Kurti, Kosovo’s Self-determination movement leader, has formed the new Kosovo government with three deputy ministers and 15 ministers.

What stands out is the fact that after so many years the Serb List (SL) party has only one minister in Kurti’s cabinet – Goran Rakic, the party leader.

Igor Simic, the SL caucus head, said that he will not support the new government because “the Constitution has been violated at the very start.” According to him, the SL should hold two ministerial posts as the cabinet has more than 11 seats, which is why he intends to appeal to the Kosovo Constitutional Court.

Experts well-versed in constitutional law, on the other hand, say that Kurti has strictly abided by the Kosovo Constitution and that appealing to the Constitutional Court will not change anything nor result in the Serb List getting another ministerial position.

The experts cite Article 96, items 3 and 4, of the Constitution stipulating that “there shall be at least one (1) minister from the Kosovo Serb community and one (1) minister from another Kosovo non-majority community. If there are more than twelve (12) ministers, the Government shall have a third minister representing a Kosovo non-majority community.”

According to them, these provisions do not leave room for questioning the choice and appointment of ministers, because Kurti has acted in accordance with the law and used his right as prime minister to decide which Kosovo minority community will have a minister or deputy minister in his cabinet.