The legal opinion by Constance Grewe, former judge at the Constitutional court of Bosnia and Herzegovina suggest that Kosovo’s constitutional text is not clear in a number of questions, it has linguistic, stylistic and substantial deficiencies as well. The Constitution does not provide a clear solution for an aftermath of a vote of no confidence. As an addition, to the unclear text of the Constitution, the Constitutional Court’s case-law is not coherent either. A dissolution does not derive as a necessary consequence from a no-confidence vote, and in any case dissolution is at the discretion of the Assembly itself.
Without having clearer procedural rules it is not the role of the president to fix a deadline, even it might not be against it either.
This study gives a very useful insight about the constitutional rules regarding the appointment of a new government and why the Kosovar Constitution is not clear on a number of issues. The Parliament should concretely manifest its supreme authority in the state in deciding if it prefers a dissolution or a new government without elections. The opinion concludes with the remark “So, there is a risk of chronic instability and quick sequences of elections. While this could appear very democratic, it is also expensive – and Kosovo is a poor country – and favours corruption.”
You can read the full study here
