Confusion has erupted over whether the Democratic Party of Kosovo, PDK - the party that won most votes in the recent general election in Kosovo - should automatically have the right to form the new government even though it appears unable to claim a majority in parliament.

After opposition parties put together a coalition aimed at ensuring that they rather than the PDK would form a government, President Atifete Jahjaga asked the constitutional court for advice on two articles of the constitution related to the nomination of a candidate for prime minister.

But Balkans expert Florian Bieber, professor of south-east European studies at the University of Graz, said there was no need to ask the constitutional court for advice because the constitution shows who has the right to form the new government.

“While there appears to be uncertainty about how to interpret the constitution, I would consider Article 95.1 [of the constitution] fairly clear,” Bieber said.

“This article talks about the nomination of a candidate based on a party or coalition that has a majority in parliament. It does not require the president to consult the largest party, but those with a majority,” he added.

The PDK, led by outgoing Prime Minister Hashim Thaci, won more than 30 per cent of the votes in the election and is demanding the right to form the government first.

But Thaci’s plans were blown off course shortly after the elections when his rivals, Isa Mustafa, from the Democratic League of Kosovo, LDK, Ramush Haradinaj, of the Alliance for the Future of Kosovo, AAK, and PDK defector Fatmir Limaj, from the Initiative for Kosovo [Nisma per Kosoven], united in an anti-PDK coalition.

Naim Rashiti, from the Balkans Group, a regional think tank, said he agreed that the PDK had the right to try to form the government, “but if it cannot form the government, the coalition should have the legal right to form it, if they have the numbers”.

The coalition, which in total is expected to have up to 47 seats in parliament, has received important backing from the Vetevendosje Movement, which said its 16 MPs, though in opposition, would vote for the anti-Thaci coalition under some conditions.

The PDK has described the opposition coalition’s move as “anti-constitutional”.

With everything to play for, the 10 seats guaranteed for minority parties and the 10 others set aside for Serbian parties could play a crucial role.

“Once it is clear how they will vote, the candidate with a majority clearly has a mandate to form the government,” Bieber noted.

Once a candidate for prime minister is chosen, he or she must present the new government to parliament for approval.

If the proposed government does not receive the endorsement of a majority, the president has to appoint another candidate, following the same procedure, within ten days.

If the government is again not elected, the president must announce fresh elections.

Rashiti said that the Kosovo constitution appeared to "fall short in fully explaining the route in such complex election outcomes".

“The parties should sit down in the president’s office and reach an understanding about the procedures and rules for the formation of the government,” he suggested.

Meanwhile, adding to the complexity of the situation, before the president can nominate anyone to form the new government, the Central Election Commission has to certify the final results of the elections. This has yet to happen.