The Constitutional Court of Kosovo has rejected the request of Parliament Speaker Albulena Haxhiu and nine other MPs, who claimed that by not participating in the March 5 session to elect the president, the opposition MPs violated the Constitution.
The court also rejected the request for a preliminary injunction regarding the procedure and constitutional deadlines for electing the president.
The Constitutional Court said that it has already addressed the issue related to the presidential election procedure in two previous judgments, in 2016 and 2011, and in the circumstances of the current case, "the Court considers that no new circumstances have arisen that would justify a further review of this issue."
"Consequently, the Court finds that this case constitutes a res judicata [res judicata] and, as such, falls into the category of requests that represent a repetition of a previous request examined and decided by the Court," the Constitutional Court's decision stated.
In the request of Haxhiu and nine other MPs, the imposition of a temporary measure was requested, arguing that the passage of the constitutional deadlines for the election of the new president "could lead to the dissolution of the Assembly" and the holding of new elections.
The Constitutional Court recalled that she had already issued a ruling on the issue of the dissolution of the Assembly a few days ago.
Parliament Speaker Albulena Haxhiu addressed the Constitutional Court on March 5, a few minutes after adjourning the session to elect the president, due to a lack of a quorum.
Meanwhile, the head of the LVV Parliamentary Group, Arbërie Nagavci, also stated on March 5 that the Constitutional Court has been asked to impose measures against opposition MPs who did not participate in the session, making it impossible for the president to vote.
The new ruling comes after the Constitutional Court on March 25 published a ruling on the case sent by the Government of Kosovo on the issue of the president, saying that MPs had 34 days, namely until April 28, to elect a new president, otherwise the country would automatically go to elections.
The case was referred to the Constitutional Court by the Government after the country's President, Vjosa Osmani, issued a decree on March 6 to dissolve the Parliament, a day after MPs failed to elect Osmani's successor. The Constitutional Court found that Osmani's decree had no legal effect.
In this judgment, the Constitutional Court explained that the Assembly of Kosovo is dissolved in three cases: if the Government is not formed within 60 days from the date of the appointment of the mandate by the president, if 2/3 of all deputies vote for the dissolution of the Assembly, and if within 60 days from the date of the start of the election procedure, the President of Kosovo is not elected.
"The court, taking into account the specific context of the circumstances of the constitution of the Assembly on February 11, 2026, assessed that the Assembly did not have sixty 60 days at its disposal, within which period the procedure for electing the president should have been completed," the March 25 judgment said.
According to the Constitutional Court, the procedure for electing the president, "which cannot last more than 60 days", must be completed "no later than 30 days before the end of the current president's term".
According to the Constitution, the president of Kosovo is elected with two-thirds of the votes in the first two rounds or with 61 votes in the third round, but 80 deputies are needed in the chamber for the session to be held.
The current president, Vjosa Osmani, ends her five-year term as head of state on April 5.
Osmani herself aimed for a second term, but she did not enjoy the support of the parties.
