RFE: From fiscalization to bridges, decisions of Kosovo’s outgoing government called into question

The caretaker Government of Kosovo, after March 27, when the final results of the parliamentary elections were confirmed, adopted around 12 decisions. One of the most recent decisions, published on July 9 in the Official Gazette of Kosovo, concerns the construction of a music school and museum in the “Preševo Valley,” for which approximately half a million euros have been allocated.

There are also decisions on reviewing land expropriation in the Gjilan region, appointing directors to the Board of Public Enterprises, increasing maternity benefits, and others.

Additionally, acting ministers have issued Administrative Instructions, including one on the use of electronic fiscal devices, fiscal systems, and electronic fiscal software – which the Supreme Court declared illegal and annulled on July 15, stating that the caretaker government may only implement necessary and planned activities in accordance with the annual work plan of the Government, and may not adopt new secondary legislation.

This instruction was published in the Official Gazette on April 16 and was issued by Acting Minister of Finance Hekuran Murati, currently a member of the Kosovo Assembly. Most ministers in the caretaker Government of Kosovo are current MPs in the Assembly, which has yet to be constituted due to political disagreements among parliamentary parties.

The caretaker government, led by Prime Minister Albin Kurti, and Minister Murati criticized the Supreme Court’s decision, calling it “baseless,” “arbitrary,” and “absurd.” This prompted reactions from EU Ambassador to Kosovo Aivo Orav and German Ambassador Jorn Rohde, who stated that political interference in the judiciary is “unacceptable.”

What will happen with the decisions made?

Professor Kadri Krieziu, former Vice President of the Constitutional Court of Kosovo, told Radio Free Europe (RFE) that according to the Supreme Court’s decision, the caretaker government is obligated to withdraw all decisions made after March 27 – the date when MPs' mandates were confirmed in the Kosovo Assembly.

“Supreme Court decisions are final when it comes to legal interpretation, including matters concerning the Government,” he said, but added that the July 15 ruling includes “references that leave room for possible involvement of the Constitutional Court,” should political parties choose to pursue that route.

“In my opinion, the Law on Government is poorly written, full of ambiguities and contradictions. This leaves room for politicization, which is not a good thing,” said Krieziu.

What does the law say?

The Supreme Court of Kosovo, in its decision, referred to Article 71 of the Law on Government and Article 72 of the Constitution, which prohibit simultaneously holding the positions of MP and minister.
The Law on Government specifies that the caretaker government has limited powers that it may not exceed, clearly prohibiting the adoption of important decisions.

According to this law, the caretaker government may only implement necessary activities planned in the annual work plan and the budget law; it may not approve initiatives for concluding international agreements requiring Assembly ratification; it may not approve draft laws, constitutional amendments, strategies, or concept documents; it may not initiate new procedures for appointing persons to public office; it may not nominate candidates for positions requiring Assembly confirmation, and so on.

On the other hand, Ehat Miftaraj from the Kosovo Institute of Justice stated that the Supreme Court’s ruling clearly showed that the caretaker Government violated the Constitution and the law by allowing MPs to serve as ministers.

“Therefore, all eight ministers, including the Prime Minister, who hold dual functions, are violating the law,” Miftaraj told RFE.

He also said that all decisions made by ministers in the technical government can be challenged and annulled in court.

“The Government is obligated to respect and implement the Supreme Court’s decision,” Miftaraj concluded.

What decisions has the caretaker Government adopted?

All decisions of the Government of Kosovo enter into force upon publication in the Official Gazette of Kosovo. For example, on March 28, the adopted decision to review a request for expropriation in the public interest in the Gjilan region was published.

Then on April 14, a decision was published extending the mandate of the Government Commission for the Recognition and Verification of the Status of Persons Raped During the Kosovo War, while on April 16, a decision was published appointing the director of the Management Board of the Public Enterprise Regional Water Supply Company in the Prizren region to a three-year term.

The decision to appoint the Executive Director of the Agency for Vocational Education and Training and Adult Education to a four-year term was published in the Official Gazette on May 29, and on June 5, a decision was published to increase financial allowances for new mothers.

On June 27, a decision of the Government of Kosovo came into force approving a €4 million allocation to implement the "Support to the Diaspora" measures under the Economic Recovery Package.

A review of the Official Gazette of Kosovo also shows that Ministries within the caretaker Government have issued Administrative Instructions and decisions.

For example, the Administrative Instruction on the use of electronic fiscal devices, fiscal systems, and electronic fiscal software issued by the Ministry of Finance, Labour and Transfers was published in the Official Gazette on April 16.

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

The Administrative Instruction on amendments to the list of harmful organisms on 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 Special Prosecutor’s Office of Kosovo announced on July 10 that it had launched an investigation into the legality of contracts for the construction of two new bridges over the Ibar River in Mitrovica, concluded by the caretaker Government of Kosovo.

According to the statement, the investigation does not oppose the construction of the bridges themselves but rather concerns the “fulfillment of legal obligations” in relation to the contracts for their construction.

These two bridges are to be built under a project based on a memorandum of cooperation between the caretaker Ministry of Infrastructure of the Government of Kosovo and the municipalities of North and South Mitrovica. The Government of Kosovo allocated around €3 million for their construction, which is expected to be completed in the fall.

The Prosecutor’s Office added that, although it is not within its authority to evaluate or approve infrastructure projects, “the role of the Special Prosecutor’s Office is to act in accordance with applicable law in cases where there are suspicions of misuse of public funds.”

It was stated that five prosecutors have been assigned to examine two thousand contracts concluded by the Government of Kosovo.