The Constitutional Court of Kosovo has issued a detailed verdict affirming that the Deputy Speaker of the Assembly representing the Serb community must be proposed by the majority of Serb members of parliament, a decision with significant political and constitutional implications.
The ruling comes after months of political uncertainty over the disputed election of Nenad Rašić as the Deputy Speaker of the Assembly, a post reserved for Kosovo’s Serb minority. The Court found that the process used in October 2025 violated the Constitution of Kosovo as well as the Assembly’s Rules of Procedure.
Constitutional Requirements and the Court’s Findings
In its January 28 decision in case KO325/25, the Court clarified that only a candidate nominated by a majority of MPs from the Serbian community may be validly elected as Deputy Speaker. The judgment found that Rašić’s October election did not meet this requirement because he was not proposed by the majority of Serb deputies as mandated by Article 67 of the Constitution and related parliamentary rules.
The Court also ruled that, in this specific case, existing unblocking mechanisms — intended to resolve parliamentary deadlock — were misapplied. Instead of properly deferring to the Serb community’s majority MPs for nomination, the Assembly’s procedural steps circumvented constitutional guarantees for minority representation. However, the judgment holds no retroactive effect, applying only to future processes.
Political Backdrop and Controversy
The dispute over the Deputy Speaker seat began during efforts to conclude the constitution of Kosovo’s Assembly after the December 28, 2025 elections. Several rounds of voting failed to produce a consensus Serb nominee. The Serbian List (Lista Serbe), the dominant political party representing Kosovo’s Serbs, repeatedly nominated Slavko Simić, who did not secure enough support. This stalemate eventually led to Nenad Rašić, a Serb MP not from the Serbian List, being elected through procedural measures led by the Assembly Speaker.
Serb List filed a complaint with the Constitutional Court, arguing that the election was unconstitutional because Rašić did not enjoy the backing of a majority of Serb MPs — a claim the Court ultimately upheld.
Reactions and Implications
Legal experts underline the ruling’s emphasis on protecting the representation rights of non-majority communities. According to analysts, the judgment underscores that minority MPs must exercise their constitutional right to propose candidates directly. Otherwise, procedural workarounds that sidestep this crucial step can undermine both legal certainty and parliamentary legitimacy.
Politically, the decision has renewed debate on Kosovo’s parliamentary formation. Some warn that failure to respect the Court’s interpretation could lead to renewed blockades in constituting the Assembly and forming governing institutions.