Kabasic: The decision on the bridges over the Ibar is legally invalid, work must stop

The construction of two new bridges meant to connect northern and southern Mitrovica is legally invalid and must be halted immediately, former Higher Court judge in Kosovska Mitrovica, Nikola Kabasic, told Kosovo Online. He cites a ruling by the Supreme Court of Kosovo which prohibits ministers in a caretaker government from simultaneously serving as members of parliament.

Kabasic emphasizes that the recent Supreme Court ruling is of crucial importance as it resolves both the legal and political dimensions of Kosovo’s current institutional crisis.

“The Supreme Court clearly stated that from the moment they are appointed as MPs, their role as ministers ends, and they can no longer issue any decisions, regulations, or laws,” Kabasic said.

He notes that the court ruled on a specific case involving an administrative directive issued by Finance Minister Hekuran Murati, but says the ruling has far-reaching implications for other government decisions as well.

In this context, he highlights decisions directly affecting the Serbian community in Kosovo.

“Specifically, the decision to build two new bridges connecting north and south Mitrovica must be annulled. It too must share the same fate as the administrative directive. The construction work must stop immediately,” Kabasic stated firmly.

He also points out that the Democratic League of Kosovo has already filed criminal charges against all government members who continued to make decisions after their mandate had expired, in violation of the Supreme Court ruling.

He reminds that the Special Prosecutor’s Office has begun gathering information on the legality of the decision to construct and fund the bridges.

“There was no prior procedure—no decision on expropriation, no declaration of public interest, no talks with landowners. We are talking about private property owned by two individuals, which was demolished without explanation, without warning, and without any notice of compensation or legal remedy,” Kabasic said.

He describes this as a case of “completely unlawful conduct by the Government of Kosovo,” but expresses doubt that any change will occur, given the Self-Determination Movement’s attitude toward court rulings.

“Many members of that political group face criminal charges – Albulena Haxhiu, Xhelal Svecla, Glauk Konjufca… In Kosovo’s parliament, they have thrown smoke bombs, stun grenades, overturned cars… and for ten years have avoided court summons, waiting for cases to expire. Even Albin Kurti himself refused to appear in court as a witness,” Kabasic recalled.

He added that this clearly shows Kurti and his political group do not truly respect the rule of law.

“We also witness how they publicly criticize every court decision that doesn’t align with their political agenda. When something doesn’t suit them, they openly attack the courts and prosecutors, call out judges by name, plaster their names on walls, draw graffiti across Pristina – demonstrating clearly their attitude toward the rule of law,” he said.

Kabasic stressed that the Self-Determination Movement has now governed without political legitimacy for four months, which, in his view, has serious consequences for stability and legal certainty, particularly for Serbs.

“All decisions made by ministers or the government should be annulled and treated as null and void, without any legal effect. However, as you can see, in Kosovo there is a disconnect between what is written in the rulings and what’s happening on the ground. Kurti simply doesn’t care about those decisions, he ignores them, they don’t exist for him. That is why I believe the current practice will continue, and there won’t be any changes in favor of the Serbs, at least not while this political group remains in power,” Kabasic warned.