Lumir Abdixhiku, leader of the Democratic League of Kosovo (LDK), announced today that he has informed the ambassadors of the QUINT countries about the Supreme Court’s recent decision. The ruling clarifies that the mandate of ministers who have been elected as MPs concluded with the end of the Government’s mandate, and they lack any “sub-constitutional or public authorization to exercise such functions on behalf of the Republic of Kosovo,” as reported by Reporteri.net.
Abdixhiku stated that the LDK expects international support for the protection of democracy and legality in Kosovo.
LDK to Submit Ruling to Prosecution, Demands Action
“Tomorrow, LDK will officially submit this decision to the Prosecutor’s Office. One more piece of evidence. A final judgment now. From those who don’t know if they are ministers or MPs, we expect nothing. But from the Prosecutor’s Office of Kosovo, we expect action,” Abdixhiku wrote. “This state and this society pay them, maintain them, and, above all, trust them with the protection of the law. Let there be justice for all. I have also informed the QUINT ambassadors about this development.”
Supreme Court’s Rationale
The Supreme Court recently rejected an administrative instruction issued by acting Minister of Finance, Hekuran Murati, concerning the operation of fiscal cash registers. According to the Supreme Court’s decision, the Law on Government, specifically Articles 28 and 29, clearly stipulate that the mandate of the Government of Kosovo ends with the conclusion of the Assembly’s four-year term, and the mandate of government members ends if they are elected as MPs.
In its ruling, the Supreme Court determined that the acting minister who signed the administrative instruction, in this case Murati, had his mandate concluded with the end of the Government’s mandate. Therefore, he did not possess any “sub-constitutional or public authorization to exercise such functions on behalf of the Republic of Kosovo.”
The judgment further emphasizes that, under the limitations of Article 31 of the Law on Government, a resigning government is authorized to carry out only essential and planned activities outlined in the Government’s annual work plan and the annual budget law, excluding the approval of new sub-legal acts.
