Will the controversial decisions of the Caretaker Government be challenged before the courts?

The payment of 100 euros to students—interpreted by many as a move by Kosovo’s caretaker government aimed at winning votes in local elections—is only the latest in a series of decisions that experts claim exceeded the permitted scope of work for a government without a full mandate. Although since February many decisions of the caretaker government have been described as unlawful, they remain in force, and interlocutors of Kosovo Online believe that many of them could be challenged before the courts.
Who should initiate such proceedings?

Written by: Dusica Radeka Djordjevic
The work of a government in resignation, as well as of a government whose mandate has expired, is limited by the Law on the Government of Kosovo, which states that in such circumstances it may perform only essential and planned activities outlined in the Government’s Annual Work Plan and the annual Budget Law.
The restrictions listed in Article 31 of this law stipulate that a government in resignation cannot adopt initiatives for concluding international treaties requiring ratification by the Assembly, nor can it adopt draft constitutional amendments, draft laws, or strategies.
When it comes to the budget, however, the Law makes an exception and states that “a government in resignation has the right to propose to the Assembly the adoption of the budget.”
Nevertheless, despite this green light, legal experts consider it problematic that the caretaker government adopted the Draft Budget for 2026 at a time when the Prime Minister and most ministers simultaneously held seats in Parliament.
From a legal standpoint, attorney Yll Zekaj argues, it is illogical for the same government to propose a draft budget and then vote on it in Parliament.
The Law on the Government of Kosovo also prohibits an expired government from initiating new procedures for appointments to public functions or from proposing candidates for positions appointed by the Assembly. However, during the summer, Mentor Hiseni—a member of Self-Determination—was appointed Director of the Kosovo Tax Administration.
Vulnet Bugaçku, researcher at the Kosovo Democratic Institute, recently warned that Kosovo’s caretaker government is undermining the Constitution and legality through the decisions it has made so far. The American Chamber of Commerce in Kosovo also issued a “warning” to the Kurti caretaker government.
“The applicable legislation limits the scope of an acting government, allowing only essential activities and the technical obligation of presenting the draft budget, but not the approval or initiation of new fiscal measures carrying long-term obligations,” the American Chamber stated.
The Coordinator of the National Convention on the EU Working Group for Chapter 35, Dragisa Mijacic, told Kosovo Online that the legality and constitutionality of the decisions adopted by Kosovo’s caretaker government are questionable, but also that it is difficult to predict whether judicial institutions in Kosovo will raise this issue before the competent authorities, especially under the current political circumstances.
He particularly emphasized that some of the caretaker government’s decisions harmed the Serbian community, such as the decision to build two new bridges connecting North and South Mitrovica.
“Unfortunately, so far no judicial institution in Kosovo has raised the issue of the caretaker government’s decisions. Whether this will happen is very difficult to assess, especially considering the lack of political interest in addressing many of these matters, as they were detrimental to the Serbian community. Many of the decisions made by the caretaker government concern the Serbian community, and we saw that the court reacted when it came to the fiscal cash register decision. The court did not react, however, regarding the construction of two bridges without the necessary project-technical documentation and expropriation. It has not reacted in many other cases either,” Mijacic said.

Concerning problematic decisions affecting the Serbian community, he stressed that the legally elected representatives of the Serb List—whether they sit in the Kosovo Assembly or in municipal assemblies, particularly in North Mitrovica—have the legitimacy to challenge their constitutionality and legality.
“When it comes to decisions related to bridge construction, it is certainly expected that the new mayor of North Mitrovica will raise such a question. As for other decisions, deputies of the Serb List may initiate proceedings, and not only them—this could also be expected from Mr. Nenad Rasic if he chooses. But certainly, such steps should be taken by the Serb List deputies,” Mijacic noted.
Political analyst Artan Alijaj said the caretaker government has adopted many decisions since February, many of which were political and linked to the election campaign, although he is not entirely certain whether they were legal.
According to Alijaj, certain decisions had to be adopted and required a functioning government.
“There has been much debate about whether they were legal or not. I think that most of these decisions were political—especially the payment of 100 euros to students and some others related to Kosovo’s new budget—and that they were directly connected to the campaign. I assume this was an attempt to show that the Government cares about students, and as many have accused Mr. Kurti, also a form of indirect vote buying,” Alijaj told Kosovo Online.

However, he added that the important thing is that people received the money, and the electoral process may not have been affected at all.
According to Aleksandar Sljuka of the NGO “New Social Initiative,” all decisions of Kosovo’s caretaker government that were not previously defined in the Government’s Annual Work Plan or annual budget are considered illegitimate and could be challenged before the courts.
Whether they will be challenged, he said, depends on the actors or on courts that may initiate proceedings ex officio.
“Certain lawsuits can be filed if it is believed that the courts will not act on their own. I think these decisions can be contested, and it is up to the courts to assess which will be overturned and which will not. Why there have not been more complaints so far is a question for political actors,” Sljuka said.

He recalled that in the case of the administrative instruction on fiscal cash registers adopted by Finance Minister Hekuran Murati while serving in a caretaker capacity, the Supreme Court of Kosovo ruled that he could not hold two functions simultaneously, as he had been elected an MP on 9 February, and that decisions he made in his capacity as minister were null and void.
“Experts, however, have said that this ruling—which concerns situations when MPs simultaneously serve as ministers—does not automatically apply to every subsequent case. Each new situation and decision must be challenged separately before the courts,” Sljuka noted.