IKL: The letter submitted by Kurti does not constitute an act of resignation
The Kosovo Law Institute (KLI) has reacted to the developments in the constitutive session of the Assembly of the Republic of Kosovo, whose proceedings were suspended. According to the KLI, the reason for this was “the failure to vote on the Report of the Commission for the Verification of Mandates and Quorum, with the justification that the Prime Minister and government actors did not resign from their positions in the Government of the Republic of Kosovo”, reports KosovaPress.
Initially, IKL has consistently emphasized that the uncertainties surrounding the issue of the resignation of members of the government cabinet have been created as a result of the lack of adequate regulation of the Law on Government No. 08/L-117 on the Government of the Republic of Kosovo.
Furthermore, IKL has repeatedly emphasized that in the spirit of the functioning of institutions, the constitutional and legal provisions in this situation should be interpreted in such a way that members of the Government must resign at the moment of taking the oath as MPs,” the reaction states.
Furthermore, according to the KLI, “the letter submitted by the acting Prime Minister, Mr. Albin Kurti, does not represent an act of resignation. Mr. Kurti’s interpretation that his Government has equivalent status to the acting Government applies to the Government as an institution and not to him as its head. The content of the Prime Minister’s announcement shows his intention to continue leading the acting Government even while being a member of parliament.”
“Based on Law No. 08/L-117 on the Government of the Republic of Kosovo, the Prime Minister must resign at the moment of his swearing in as a member of parliament. From this moment on, the Government will continue to function as a government in resignation, but it cannot be led by Mr. Kurti. Leadership in this case passes to the Deputy Prime Minister of the incumbent Government and ministerial positions are led by Deputy Ministers. Exceptions are cases when a minister has not been elected as a member of parliament, in which case he may continue to exercise his duties,” the announcement states, KosovaPress reports.
Furthermore, IKL emphasizes that the resignation letter must be clear and not leave room for interpretation. The same letter should not be addressed to the former Speaker of the Assembly, Mr. Glauk Konjufca. Currently, until the election of the new Speaker of the Assembly. On this issue, the resignation letter should be addressed to the Chairman of the constitutive session, who according to the Rules of Procedure of the Assembly should be the oldest deputy, which in this case is Mr. Avni Dehari.
Finally, IKL called on all political parties, respecting the Constitution and applicable laws, to constitute the Assembly of the Republic of Kosovo as soon as possible and pave the way for the formation of new institutions.
The opposition also questioned Kurti’s resignation from the post of Prime Minister and other members of the Government who were elected MPs in the February 9 elections.
Read also: https://kosovapress.com/baraliu-per-situaten-e-krijuar-ne-kuvend-e-pahijshme-dhe-e-demshme
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