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"A deputy cannot exercise the function of a minister and issue sub-legal acts", the Kosovo government opposes the Supreme Court's decision!

2025-07-15 22:24:18Kosova&Bota SHKRUAR NGA REDAKSIA VOX

"A deputy cannot exercise the function of a minister and issue sub-legal

Kosovo's acting government said on Tuesday that it feels "concerned" and that it opposes the Supreme Court's ruling to repeal one of its administrative instructions, as well as the decision that an acting minister cannot issue sub-legal acts and administrative instructions after becoming a member of the Assembly.

The Supreme Court declared illegal and repealed an administrative instruction issued by the acting Minister of Finance, Hekuran Murati, stating that exercising the functions of a deputy and a minister at the same time is prohibited.

In a reaction to the media, the acting Government described as "unfounded in law" and "arbitrary" the Supreme Court's decision to repeal the administrative instruction on the use of electronic fiscal devices, fiscal systems and electronic fiscal software.

"Specifically, Article 31 of the Law on Government does not contain any prohibition regarding the issuance of sub-legal acts by a government in office or ministers in office. This article limits the activity of the government in office only to major issues, such as: international agreements that require ratification in the Assembly, constitutional amendments, new draft laws, strategies and concept documents - but not to the issuance of implementing acts, such as the Administrative Instruction in question," the Government in Office said.

The administrative instruction was published in the official gazette on April 16, a day after it was approved by the acting minister, who is also sworn in as a member of the new legislature following the February elections.

But, according to the Government led by acting Prime Minister Albin Kurti, the procedure for drafting this instruction "had begun on November 20, 2024, at a time when the Government enjoyed a full constitutional and legal mandate, which gives this sub-legal act full procedural and substantial legitimacy."

"The Supreme Court's decision is fragile both in logical and constitutional terms, due to the fact that it itself recognizes the existence and functioning of the Government in office, but at the same time denies its right to exercise a power that is not prohibited by law," she said.

Regarding the Supreme Court's decision that a serving minister cannot issue sub-legal acts and administrative instructions after becoming a member of the Assembly, the acting Government said that the Constitutional Court of Kosovo "allows such a thing", as the Assembly of Kosovo has not yet been constituted after the February 9 elections.

But Eugen Cakolli from the Democratic Institute of Kosovo said in a Facebook reaction 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.

The Law on Government specifies that a government in office cannot exceed its limited authorizations and clearly prohibits the taking of major decisions.

The incumbent government said that it would use "available legal means to restore legality and democratic standards" in response to this decision.

Supreme Court decisions can only be appealed for possible constitutional violations to the country's highest court, the Constitutional Court./ REL


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