From fiscalization to bridges, the decisions of the incumbent Kosovo government are being questioned

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2025-07-17 14:52:00 | Aktualitet

From fiscalization to bridges, the decisions of the incumbent Kosovo government

The incumbent government of Kosovo adopted around 12 decisions after March 27, when the final results of the parliamentary elections were announced.

One of the latest decisions, published on July 9 in the Official Gazette of Kosovo, concerns the construction of a music school and a museum in the Presevo Valley, in southern Serbia - for which around half a million euros were allocated.

There are also decisions to review the expropriation of land in the Gjilan region, appoint the director of the Board of Directors for public enterprises, increase benefits for mothers, and more.

Ministers in the incumbent government also approved administrative instructions - among them the one on the use of electronic fiscal devices, which the Supreme Court, on July 15, declared illegal and annulled.

The court found that a government in office can only carry out necessary activities and those planned in the government's annual work plan, and that it does not have the right to adopt new sub-legal acts.

This instruction was published in the Official Gazette on April 16 and was issued by the acting Minister of Finance, Hekuran Murati, a member of the Assembly of Kosovo.

Otherwise, most of the ministers in the acting Government of Kosovo are deputies in the legislative institution, which has not yet been constituted, due to political disagreements between parliamentary parties.

The incumbent government, led by Prime Minister Albin Kurti, and the incumbent minister himself, Murati, criticized the Supreme Court's decision, calling it "arbitrary" and unfounded in law.

The EU Ambassador to Kosovo, Aivo Orav, and the German Ambassador, Jorn Rohde, also reacted, assessing that political interference in the judiciary is "unacceptable".

What will happen to the decisions made?

Professor Kadri Kryeziu, former vice president of the Constitutional Court of Kosovo, tells Radio Free Europe that the incumbent government, according to the Supreme Court's decision, is obliged to withdraw decisions taken after March 27 - the date when the mandates of deputies in the Kosovo Assembly were confirmed.

“The Supreme Court’s decisions are final as far as the interpretation of the law is concerned, including that for the Government,” he says, but adds that in the July 15 decision, the Supreme Court “made constitutional references that leave room for the possible involvement of the Constitutional Court,” if the parties decide to pursue such a path.

"In my opinion, the Law on Government is poorly and badly drafted, there are many ambiguities, but also contradictions. This leaves room for the issue to be politicized, and this is not a good thing," says Kryeziu.

What does the Law on Government say?

Ehat Miftaraj, from the Kosovo Institute for Justice, believes that the Supreme Court's decision has made it clear that the incumbent Government has violated the Constitution and laws, by allowing MPs to perform the function of ministers.

"Therefore, the eight ministers, including the prime minister, who hold two positions, are violating the law," Miftaraj tells Radio Free Europe.

According to him, all decisions made by ministers in the incumbent Government can be challenged in court and overturned.

"The government is obliged to respect and implement the Supreme Court's decision," says Miftaraj.

What decisions did the incumbent Government make?

All decisions of the Government of Kosovo enter into force when published in the Official Gazette of Kosovo, and thus it can be seen that on March 28, the decision to review requests for expropriations in the public interest in the Gjilan region was published.

Then, on April 14, the decision was published to extend the mandate of the Government Commission for the Recognition and Verification of the Status of Persons Raped during the War in Kosovo, while on April 16, the decision was published to appoint the director of the Board of Directors of the regional public enterprise for water supply in the Prizren region, with a three-year mandate.

The decision to appoint the executive director of the Agency for Vocational Education and Training and Adult Education for a four-year term was published in the Official Gazette on May 29, while the decision to increase cash benefits for mothers was published on June 5.

Meanwhile, on June 27, the decision of the Government of Kosovo to approve financial allocations - worth 4 million euros - for the implementation of the "Support for the Diaspora" measure from the Economic Recovery Package entered into force.

In the Official Gazette of Kosovo, it can also be seen that the ministries in charge have also issued regulations and administrative decisions.

For example, Administrative Instruction, No. 01/2025 on the use of electronic fiscal devices, fiscal systems and electronic fiscal software, issued by the Ministry of Finance, Labor and Transfers, was published in the Official Gazette on April 16.

The Administrative Instruction on amendments and supplements to the Administrative Instruction on environmental permits, issued by the Ministry of Environment, Spatial Planning and Infrastructure, was published on May 28.

The Administrative Instruction on changes to the list of organisms harmful to plants and plant products, issued by the Ministry of Agriculture, Forestry and Rural Development, was published in the Official Gazette on June 20.

The Prosecutor's Office is also investigating government contracts

The Kosovo Special Prosecution Office announced on July 10 that it has launched investigations regarding the legality of the contract for the construction of two new bridges over the Ibar River in Mitrovica, which was signed by the acting Government of Kosovo.

The statement said that the Prosecutor's Office's investigation does not object to the construction of the bridges themselves, but focuses on the "fulfillment of legal obligations" related to the contract for their construction.

These two bridges are planned to be built within the framework of a project based on a memorandum of cooperation between the Ministry of Infrastructure of the Government of Kosovo, responsible for the municipalities of North and South Mitrovica.

The acting government of Kosovo allocated around 3 million euros for their construction, while the works are expected to be completed in the fall.

The Prosecutor's Office said that it is not within its jurisdiction to evaluate or approve infrastructure projects, but that "the role of the Special Prosecutor's Office is to act in accordance with applicable laws, in cases where there are suspicions of misuse of public funds."

Five prosecutors were said to have been engaged to review two thousand contracts signed by the Government./REL (A2 Televizion)

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