Kosovo 2008 Constitution (reviewed 2016)

Chapter IV. Assembly of the Republic of Kosovo

Article 63. General Principles

The Assembly is the legislative institution of the Republic of Kosovo directly elected by the people.

Article 64. Structure of Assembly

1. The Assembly has one hundred twenty (120) deputies elected by secret ballot on the basis of open lists. The seats in the Assembly are distributed amongst all parties, coalitions, citizens’ initiatives and independent candidates in proportion to the number of valid votes received by them in the election to the Assembly.
2. In the framework of this distribution, twenty (20) of the one hundred twenty (120) seats are guaranteed for representation of communities that are not in the majority in Kosovo as follows:
   1. Parties, coalitions, citizens’ initiatives and independent candidates having declared themselves representing the Kosovo Serb Community shall have the total number of seats won through the open election, with a minimum ten (10) seats guaranteed if the number of seats won is less than ten (10);
   2. Parties, coalitions, citizens’ initiatives and independent candidates having declared themselves representing the other Communities shall have the total number of seats won through the open election, with a minimum number of seats in the Assembly guaranteed as follows: the Roma community, one (1) seat; the Ashkali community, one (1) seat; the Egyptian community, one (1) seat; and one (1) additional seat will be awarded to either the Roma, the Ashkali or the Egyptian community with the highest overall votes; the Bosnian community, three (3) seats; the Turkish community, two (2) seats; and the Gorani community, one (1) seat if the number of seats won by each community is less than the number guaranteed.

Article 65. Competencies of the Assembly

The Assembly of the Republic of Kosovo:

1. adopts laws, resolutions and other general acts;
2. decides to amend the Constitution by two thirds (2/3) of all its deputies including two thirds (2/3) of all deputies holding seats reserved and guaranteed for representatives of communities that are not in the majority in Kosovo;
3. announces referenda in accordance with the law;
4. ratifies international treaties;
5. approves the budget of the Republic of Kosovo;
6. elects and dismisses the President and Deputy Presidents of the Assembly;
7. elects and may dismiss the President of the Republic of Kosovo in accordance with this Constitution;
8. elects the Government and expresses no confidence in it;
9. oversees the work of the Government and other public institutions that report to the Assembly in accordance with the Constitution and the law;
10. elects members of the Kosovo Judicial Council and the Kosovo Prosecutorial Council in accordance with this Constitution;
11. proposes the judges for the Constitutional Court;
12. oversees foreign and security policies;
13. gives consent to the President’s decree announcing a State of Emergency;
14. decides in regard to general interest issues as set forth by law.
15. gives amnesty by the respective Law, which shall be approved by two-thirds (2/3) of the votes of all deputies of the Assembly[Added by Constitutional Amendment 23, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 5 / 12 MARCH 2013, PRISTINA]

Article 66. Election and Mandate

1. The Assembly of Kosovo shall be elected for a mandate of four (4) years, starting from the day of the constitutive session, which shall be held within thirty (30) days from the official announcement of the election results.
2. Regular elections for the Assembly shall be held no later than thirty (30) days before the end of the mandate or, when the Assembly has been dissolved, no later than forty-five (45) days after the dissolution.
3. The President of the Republic of Kosovo shall convene the constitutive session of the Assembly. If the President of the Republic of Kosovo is unable to convene the initial session, the Assembly shall be convened without the President’s participation.
4. The Mandate of the Assembly of Kosovo may be extended only in a State of Emergency for emergency defense measures or for danger to the Constitutional order or to public safety of the Republic of Kosovo and only for as long as the State of Emergency continues as regulated by this Constitution.
5. The election conditions, constituencies and procedures are determined by law.

Article 67. Election of the President and Deputy Presidents

1. The Assembly of Kosovo elects the President of the Assembly and five (5) Deputy Presidents from among its deputies.
2. The President of the Assembly is proposed by the largest parliamentary group and is elected by a majority vote of all deputies of the Assembly.
3. Three (3) Deputy Presidents proposed by the three largest parliamentary groups are elected by a majority vote of all deputies of the Assembly.
4. Two (2) Deputy Presidents represent non-majority communities in the Assembly and are elected by a majority vote of all deputies of the Assembly. One (1) Deputy President shall belong to the deputies of the Assembly holding seats reserved or guaranteed for the Serb community, and one (1) Deputy shall belong to deputies of the Assembly holding seats reserved or guaranteed for other communities that are not in the majority.
5. The President and Deputy Presidents of the Assembly are dismissed by a vote of two thirds (2/3) of all deputies of the Assembly.
6. The President and the Deputy Presidents form the Presidency of the Assembly. The Presidency is responsible for the administrative operation of the Assembly as provided in the Rules of Procedure of the Assembly.
7. The President of the Assembly:
   1. represents the Assembly;
   2. sets the agenda, convenes and chairs the sessions;
   3. signs acts adopted by the Assembly;
   4. exercises other functions in accordance with this Constitution and the Rules of Procedure of the Assembly.
8. When the President of the Assembly is absent or is unable to exercise the function, one of the Deputy Presidents will serve as President of the Assembly.

Article 68. Sessions

1. Meetings of the Assembly of Kosovo are public.
2. Meetings of the Assembly of Kosovo may be closed upon the request of the President of the Republic of Kosovo, the Prime Minister or one third (1/3) of the deputies of the Assembly as set forth by the Rules of Procedure of the Assembly. The decision shall be made in an open and transparent manner and must be adopted by two thirds (2/3) vote of the deputies of Assembly present and voting.

Article 69. Schedule of Sessions and Quorum

1. The Assembly of Kosovo conducts its annual work in two sessions.
2. The Spring Session begins on the third Monday of January and the Autumn session begins on the second Monday of September.
3. The Assembly of Kosovo has its quorum when more than one half (1/2) of all Assembly deputies are present.
4. The Assembly of Kosovo convenes an extraordinary meeting upon the request of the President of the Republic of Kosovo, the Prime Minister or one third (1/3) of the deputies.

Article 70. Mandate of the Deputies

1. Deputies of the Assembly are representatives of the people and are not bound by any obligatory mandate.
2. The mandate of each deputy of the Assembly of Kosovo begins on the day of the certification of the election results.
3. The mandate of a deputy of the Assembly comes to an end or becomes invalid when:
   1. the deputy does not take the oath;
   2. the deputy resigns;
   3. the deputy becomes a member of the Government of Kosovo;
   4. the mandate of the Assembly comes to an end;
   5. the deputy is absent from the Assembly for more than six (6) consecutive months. In special cases, the Assembly of Kosovo can decide otherwise;
   6. the deputy is convicted and sentenced to one or more years imprisonment by a final court decision of committing a crime;
   7. the deputy dies.
4. Vacancies in the Assembly will be filled immediately in a manner consistent with this Constitution and as provided by law.

Article 71. Qualification and Gender Equality

1. Every citizen of the Republic of Kosovo who is eighteen (18) years or older and meets the legal criteria is eligible to become a candidate for the Assembly.
2. The composition of the Assembly of Kosovo shall respect internationally recognized principles of gender equality.

Article 72. Incompatibility

A member of the Assembly of Kosovo shall neither keep any executive post in the public administration or in any publicly owned enterprise nor exercise any other executive function as provided by law.

Article 73. Ineligibility

1. The following cannot be candidates or be elected as deputies of the Assembly without prior resignation from their duty:
   1. judges and prosecutors;
   2. members of the Kosovo Security Force;
   3. members of the Kosovo Police;
   4. members of the Customs Service of Kosovo;
   5. members of the Kosovo Intelligence Agency;
   6. heads of independent agencies;
   7. diplomatic representatives;
   8. chairpersons and members of the Central Election Commission.
2. Persons deprived of legal capacity by a final court decision are not eligible to become candidates for deputies of the Assembly.
3. Mayors and other officials holding executive responsibilities at the municipal level of municipalities cannot be elected as deputies of the Assembly without prior resignation from their duty.

Article 74. Exercise of Function

Deputies of the Assembly of Kosovo shall exercise their function in best interest of the Republic of Kosovo and pursuant to the Constitution, Laws and Rules of Procedure of the Assembly.

Article 75. Immunity

1. Deputies of the Assembly shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of their responsibilities as deputies of the Assembly. The immunity shall not prevent the criminal prosecution of deputies of the Assembly for actions taken outside of the scope of their responsibilities as deputies of the Assembly.
2. A member of the Assembly shall not be arrested or otherwise detained while performing her/his duties as a member of the Assembly without the consent of the majority of all deputies of the Assembly.

Article 76. Rules of Procedure

The Rules of Procedure of the Assembly are adopted by two thirds (2/3) vote of all its deputies and shall determine the internal organization and method of work for the Assembly.

Article 77. Committees

1. The Assembly of Kosovo appoints permanent committees, operational committees and ad hoc committees reflecting the political composition of the Assembly.
2. On the request of one third (1/3) of all of the deputies, the Assembly appoints committees for specific matters, including investigative matters.
3. At least one vice chair of each parliamentary committee shall be from the deputies of a Community different from the Community of the chair.
4. Competencies and procedures of the committees are defined in the Rules of Procedure of the Assembly.

Article 78. Committee on Rights and Interests of Communities

1. The Committee on Rights and Interests of Communities is a permanent committee of the Assembly. This committee is composed of one third (1/3) of members who represent the group of deputies of the Assembly holding seats reserved or guaranteed for the Serbian Community, one third (1/3) of members who represent the group of deputies of the Assembly holding seats reserved or guaranteed for other communities that are not in the majority and one third (1/3) of members from the majority community represented in the Assembly.
2. At the request of any member of the Presidency of the Assembly, any proposed law shall be submitted to the Committee on Rights and Interests of Communities. The Committee, by a majority vote of its members, shall decide whether to make recommendations regarding the proposed law within two weeks.
3. To ensure that community rights and interests are adequately addressed, the Committee may submit recommendations to another relevant committee or to the Assembly.
4. The Committee may, on its own initiative, propose laws and such other measures within the responsibilities of the Assembly as it deems appropriate to address the concerns of Communities. Members may issue individual opinions.
5. A matter may be referred to the Committee for an advisory opinion by the Presidency of the Assembly, another committee or a group composed of at least ten (10) deputies of the Assembly.

Article 79. Legislative Initiative

The initiative to propose laws may be taken by the President of the Republic of Kosovo from his/her scope of authority, the Government, deputies of the Assembly or at least ten thousand citizens as provided by law.

Article 80. Adoption of Laws

1. Laws, decisions and other acts are adopted by the Assembly by a majority vote of deputies present and voting, except when otherwise provided by the Constitution.
2. Laws adopted by the Assembly are signed by the President of the Assembly of Kosovo and promulgated by the President of the Republic of Kosovo upon her/his signature within eight (8) days from receipt.
3. If the President of the Republic of Kosovo returns a law to the Assembly, he/she should state the reasons of return. The President of the Republic of Kosovo may exercise this right of return only once per law.
4. The Assembly decides to adopt a law returned by the President of the Republic of Kosovo by a majority vote of all its deputies and such a law shall be considered promulgated.
5. If the President of the Republic of Kosovo does not make any decision for the promulgation or return of a law within eight (8) days from its receipt, such a law shall be considered promulgated without her his signature and shall be published in the Official Gazette.
6. A law enters into force fifteen (15) days after its publication in the Official Gazette of the Republic of Kosovo, except when otherwise specified by the law itself.

Article 81. Legislation of Vital Interest

1. The following laws shall require for their adoption, amendment or abrogation both the majority of the Assembly deputies and the majority of the Assembly deputies who hold seats guaranteed for representatives of Communities that are not in the majority:[As amended by Constitutional Amendment 2, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]
   1. Laws changing municipal boundaries, establishing or abolishing municipalities, defining the scope of powers of municipalities and their participation in inter-municipal and cross-border relations;
   2. Laws implementing the rights of Communities and their members, other than those set forth in the Constitution;
   3. Laws on the use of language;
   4. Laws on local elections;
   5. Laws on protection of cultural heritage and special protected areas;[As amended by Constitutional Amendment 3, published in the OFFICIAL GAZETTE OF THE REPUBLIC OF KOSOVA / No. 25 / 7 SEPTEMBER 2012, PRISTINA]
   6. Laws on religious freedom or on agreements with religious communities;
   7. Laws on education;
   8. Laws on the use of symbols, including Community symbols and on public holidays.
2. None of the laws of vital interest may be submitted to a referendum.

Article 82. Dissolution of the Assembly

1. The Assembly shall be dissolved in the following cases:
   1. if the government cannot be established within sixty (60) days from the date when the President of the Republic of Kosovo appoints the candidate for Prime Minister;
   2. if two thirds (2/3) of all deputies vote in favor of dissolution, the Assembly shall be dissolved by a decree of the President of the Republic of Kosovo;
   3. if the President of the Republic of Kosovo is not elected within sixty (60) days from the date of the beginning of the president’s election procedure.
2. The Assembly may be dissolved by the President of the Republic of Kosovo following a successful vote of no confidence against the Government.