Supreme Court of Kosovo: Issuance of sub-legal acts by ministers who are MPs violates constitutional provisions

The Supreme Court of Kosovo said on Tuesday that the issuance of sub-legal acts or administrative instructions by ministers who are MPs is unlawful and violates constitutional provisions.

The Supreme Court declared illegal and repealed an administrative instruction issued by the acting Minister of Finance, Hekuran Murati.

The administrative instruction on the use of electronic fiscal devices, fiscal systems and electronic fiscal software was published in the official gazette on April 16, one day after it was approved by the acting minister.

"The outgoing government is authorized to carry out only the necessary activities planned in the Government's Annual Work Plan and in the annual budget law, excluding the adoption of new normative sub-legal acts," the Supreme Court said.

She said that for her it was "an indisputable fact" that from the official certification of the election results on March 27, Minister Murati appears as a member of the Kosovo Assembly.

"According to Article 71 of the Constitution, exercising the functions of a deputy and a minister at the same time is prohibited. Consequently, the issuance of an Administrative Instruction by a person who simultaneously exercises the duties of a deputy and a minister is unlawful and violates constitutional provisions," the decision states.

Murati has opposed this decision, calling it absurd and harshly criticizing the Supreme Court judges by name.

"This absurd decision by the Supreme Court means an interruption of the digitalization process, and the continuation of the extortion of businesses through enormous costs for old fiscal coffers," said Murati.

Eugen Cakolli from the Democratic Institute of Kosovo, said in a reaction on Facebook that the Supreme Court "definitively clarified" that ministers, already with mandates as MPs, cannot continue to exercise executive functions after the certification of the results by the Central Election Commission.

"Any decision taken by them after March 27 is null and void and contradicts the Constitution, as well as the principle of separation of powers. The Court also confirmed that members of the Government cannot make decisions, because technically the current Government no longer has the mandate to approve them," he said./ REL (A2 Televizion)