Kosovo 2008 Constitution (reviewed 2016)

Chapter VI. Government of the Republic of Kosovo

Article 92. General Principles

1. The Government consists of the Prime Minister, deputy prime minister(s) and ministers.
2. The Government of Kosovo exercises the executive power in compliance with the Constitution and the law.
3. The Government implements laws and other acts adopted by the Assembly of Kosovo and exercises other activities within the scope of responsibilities set forth by the Constitution and the law.
4. The Government makes decisions in accordance with this Constitution and the laws, proposes draft laws, proposes amendments to existing laws or other acts and may give its opinion on draft laws that are not proposed by it.

Article 93. Competencies of the Government

The Government has the following competencies:

1. proposes and implements the internal and foreign policies of the country;
2. promotes the economic development of the country;
3. proposes draft laws and other acts to the Assembly;
4. makes decisions and issues legal acts or regulations necessary for the implementation of laws;
5. proposes the budget of the Republic of Kosovo;
6. guides and oversees the work of administration bodies;
7. guides the activities and the development of public services;
8. proposes to the President of the Republic of Kosovo the appointment and dismissal of the heads of diplomatic missions of the Republic of Kosovo;
9. proposes amendments to the Constitution;
10. may refer Constitutional questions to the Constitutional Court;
11. exercises other executive functions not assigned to other central or local level bodies.

Article 94. Competencies of the Prime Minister

The Prime Minister has the following competencies:

1. represents and leads the Government;
2. ensures that all Ministries act in accordance with government policies;
3. ensures the implementation of laws and policies determined by the Government;
4. may change members of the Government without the consent of the Assembly;
5. chairs the Kosovo Security Council;
6. appoints the Kosovo Police General Director;
7. consults with the President of the Republic of Kosovo on matters of intelligence;
8. in cooperation with the President, jointly appoints the Director, Deputy Director and Inspector General of the Kosovo Intelligence Agency;
9. consults with the President on the implementation of the foreign policy of the country;
10. performs other duties as set forth by the Constitution and the law.

Article 95. Election of the Government

1. After elections, the President of the Republic of Kosovo proposes to the Assembly a candidate for Prime Minister, in consultation with the political party or coalition that has won the majority in the Assembly necessary to establish the Government.
2. The candidate for Prime Minister, not later than fifteen (15) days from appointment, presents the composition of the Government to the Assembly and asks for Assembly approval.
3. The Government is considered elected when it receives the majority vote of all deputies of the Assembly of Kosovo.
4. If the proposed composition of the Government does not receive the necessary majority of votes, the President of the Republic of Kosovo appoints another candidate with the same procedure within ten (10) days. If the Government is not elected for the second time, the President of the Republic of Kosovo announces elections, which shall be held not later than forty (40) days from the date of announcement.
5. If the Prime Minister resigns or for any other reason the post becomes vacant, the Government ceases and the President of the Republic of Kosovo appoints a new candidate in consultation with the majority party or coalition that has won the majority in the Assembly to establish the Government.
6. After being elected, members of the Government shall take an Oath before the Assembly. The text of the Oath will be provided by law.

Article 96. Ministries and Representation of Communities

1. Ministries and other executive bodies are established as necessary to perform functions within the powers of the Government.
2. The number of members of Government is determined by an internal act of the Government.
3. There shall be at least one (1) Minister from the Kosovo Serb Community and one (1) Minister from another Kosovo non-majority Community. If there are more than twelve (12) Ministers, the Government shall have a third Minister representing a Kosovo non-majority Community.
4. There shall be at least two (2) Deputy Ministers from the Kosovo Serb Community and two (2) Deputy Ministers from other Kosovo non-majority Communities. If there are more than twelve (12) Ministers, the Government shall have a third Deputy Minister representing the Kosovo Serb Community and a third Deputy Minister representing another Kosovo non-majority Community.
5. The selection of these Ministers and Deputy Ministers shall be determined after consultations with parties, coalitions or groups representing Communities that are not in the majority in Kosovo. If appointed from outside the membership of the Kosovo Assembly, these Ministers and Deputy Ministers shall require the formal endorsement of the majority of Assembly deputies belonging to parties, coalitions, citizens’ initiatives and independent candidates having declared themselves to represent the Community concerned.
6. The Prime Minister, Deputy Prime Minister(s) and Ministers of the Government may be elected from the deputies of the Assembly of Kosovo or may be qualified people who are not deputies of the Assembly.
7. The incompatibilities of the members of the Government as to their functions shall be regulated by law.

Article 97. Responsibilities

1. The Government is accountable to the Assembly of Kosovo regarding its work.
2. The Prime Minister, deputy prime minister(s) and ministers are jointly accountable for the decisions made by the Government and individually accountable for decisions made in their fields of responsibility.

Article 98. Immunity

Members of the Government shall be immune from prosecution, civil lawsuit and dismissal for actions or decisions that are within the scope of their responsibilities as members of the Government.

Article 99. Procedures

The methods of work and decision making procedures of the Government shall be regulated by law and regulations.

Article 100. Motion of No Confidence

1. A motion of no confidence may be presented against the Government on the proposal of one third (1/3) of all the deputies of the Assembly.
2. A vote of confidence for the Government may be requested by the Prime Minister.
3. The motion of no confidence shall be placed on the Assembly agenda no later than five (5) days nor earlier than two (2) days from the date it was presented.
4. The motion of no confidence is considered accepted when adopted by a majority vote of all deputies of the Assembly of Kosovo.
5. If a motion of no confidence fails, a subsequent motion for no confidence may not be raised during the next ninety (90) days.
6. If motion of no confidence against the Government prevails, the Government is considered dismissed.

Article 101. Civil Service

1. The composition of the civil service shall reflect the diversity of the people of Kosovo and take into account internationally recognized principles of gender equality.
2. An independent oversight board for civil service shall ensure the respect of the rules and principles governing the civil service, and shall itself reflect the diversity of the people of the Republic of Kosovo.