Analysts: Government decisions illegal, one cannot be both a minister and an MP

The decisions adopted by Kosovo's caretaker government at its August 12 session are illegal because the majority of cabinet members have taken their parliamentary oath, former President of the Court of Appeals Hasan Shala and Vullnet Bugaqku of the Kosovo Democratic Institute agree.

The caretaker government adopted 24 decisions at an electronic session last week, mostly concerning the appointment of commissions that are expected to conduct selections for certain positions in ministries, as well as several other decisions.

Former President of the Court of Appeals Hasan Shala points out that all these decisions are contrary to Article 72 of the Constitution of Kosovo and Article 26 of the Law on Government.

Speaking to Kosova Press, he explained that these decisions cannot, however, be automatically annulled. Rather, proceedings must be initiated before the Supreme Court, which must determine that they are contrary to the law.

He recalled that the Supreme Court had already annulled an Administrative Instruction issued by caretaker Finance Minister Hekuran Murati after he had taken his oath as an MP.

“These decisions are illegal and contrary to the Law on Government. However, they cannot automatically be declared ‘null and void’; judicial proceedings must be initiated. The provision is clear. The cabinet members have not only had their parliamentary mandates confirmed, but have also taken their oaths in Parliament. These people have violated a law that they themselves adopted,” Shala said.

Vullnet Bugaqku of the Kosovo Democratic Institute also points out that the decisions of the current government are illegal.

He notes that Kosovo law does not allow two public functions to be held simultaneously.

“As stated in the Constitution and laws of Kosovo, it is not permitted to simultaneously hold two positions. I believe that, for this type of decision-making, the consequences may be not only constitutional and administrative, but also criminal for those public officials who simultaneously abused their official duties by holding two positions, that of an MP and that of a member of the current government,” Bugaqku told Kosova Press.