Gashi: Lawsuit against the Government of Kosovo over adoption of the Draft Budget to protect the constitutional order

The Director of the NGO Network Avonet, Kenan Gashi, said that the lawsuit filed with the Basic Court in Pristina against the Government of Kosovo in its caretaker capacity, regarding the adoption of the Draft Budget for 2026, was initiated to protect the constitutional order.

“The NGO Network Avonet today submitted to the Basic Court in Pristina – Department for Administrative Affairs a lawsuit seeking annulment of the decision by the acting Government of the Republic of Kosovo adopting the Draft Law on the Allocation of Budget Funds of the Republic of Kosovo for 2026. Along with the lawsuit, Avonet also proposed the introduction of a temporary measure to suspend the implementation of that decision. This proposal was filed based on Articles 99 and 100 of the Law on Administrative Disputes, with the reasoning that the implementation of the decision would cause serious and irreparable damage to the constitutional order, legality, and public interest of the Republic of Kosovo,” Gashi said.

He said that in the lawsuit, Avonet stated that the Government of Kosovo violated the Constitution.

“In the submitted lawsuit, Avonet emphasizes that the government, in adopting the disputed decision, acted in violation of the Constitution of the Republic of Kosovo, specifically Article 72, as well as Articles 28, 29, and 31 of Law No. 08/L-117 on the Government of the Republic of Kosovo, which limit the activities of a caretaker government to necessary administrative matters and not to the adoption of draft laws,” he explained.

He pointed out that adopting the Draft Law on Budget Allocation is beyond the powers of the current government.

“According to Avonet’s legal analysis, the adoption of the Draft Law on Budget Allocation represents an act of both administrative and political nature, which exceeds the government’s authority. Furthermore, it is emphasized that the Prime Minister and several cabinet ministers are already serving as members of the Kosovo Assembly, which constitutes a violation of the principle of separation of powers and the prohibition of holding two public functions simultaneously,” Gashi said.

He added that through this lawsuit, Avonet is asking the court to annul the government’s decision as unlawful and unconstitutional, and to suspend its effect until a final ruling is made, ensuring respect for the Constitution, laws, and the principle of the rule of law.

“This action by Avonet reflects the right to seek legal remedies aimed at protecting the constitutional order, separation of powers, and institutional integrity, ensuring that budgetary processes develop in accordance with legitimate mandates and the democratic principles embraced by the Republic of Kosovo through its Constitution and positive laws,” Gashi concluded.