A decision from Kosovo’s highest court paved the way for outgoing Prime Minister Hashim Thaci to attempt to form a new government, resolving a weeks-long constitutional crisis.

The ruling from the constitutional court on Tuesday advised President Atifete Jahjaga that the party “that won the highest number of seats as a result of the elections to be given the possibility to propose a candidate for prime minister to form the government”.

The ruling Democratic Party of Kosovo, PDK, won the largest share of votes – roughly 30 per cent – and is expected to have 37 seats in Parliament.

The ruling dealt a blow to a group of opposition parties that united to block Thaci and elect Ramush Haradinaj as the next Prime Minister.

While the parties, the Democratic League of Kosovo, LDK, the Alliance for the Future of Kosovo, AAK and Nisma, with the tentative the backing of Vetevendosje Movement, represent more than the 61 votes needed to elect Haradinaj, the ruling concluded that only coalitions registered and certified before the elections could propose a candidate.

But, if the first proposed candidate for prime minister – presumably Thaci – fails to achieve 61-seat majority support in parliament, the constitutional court has given Jahjaga wide leeway in nominating a new candidate.

The president, the court’s majority wrote, “has to assess what is the highest probability for a political party or coalition to propose a candidate for prime minister who will obtain the necessary votes in the Assembly for the establishment of a new government”.

This opens the door for the opposition bloc to get the nod to nominate Haradinaj, should Thaci fail to form a government.

Both sides welcomed the decision saying they will respect the ruling, but the opposition bloc urged the “nominee of the minority to give the mandate immediately back to Jahjaga in order to avoid any institutional vacuum”.

Meanwhile, the Central Election Commission, CEC, is expected to complete a recount of 51 polling stations today, paving the way for the results to be certified. Once the CEC certifies the results, the president can then take proposals into consideration in order to nominate a candidate for Prime Minister.

The recount likely won’t affect the final results, which gave no single party sufficient seats for a mandate in parliament.

The PDK has won 30.38 per cent of the votes and will have 37 seats in the new parliament, followed by Isa Mustafa’s Democratic League of Kosovo, LDK, which got 25.24 per cent of the vote and will have 30 MPs.

Albin Kurti’s Vetevendosje Movement received 13.59 per cent of the vote and will have 16 seats, while Ramush Haradinaj’s Alliance for the Future of Kosovo, AAK, won 9.54 per cent and will be represented by 11 lawmakers in parliament.

Nisma per Kosoven [Initiative for Kosovo] established by PDK defectors, Fatmir Limaj and Jakup Krasniqi, will have six MPs in parliament.

A remaining 20 seats will be allotted to minority parties, including nine from the Belgrade-backed “Srpska” List./balkaninsight/