Kosovo’s acting government has reacted strongly to the Supreme Court’s decision to declare the Administrative Instruction signed by acting Minister of Finance, Hekuran Murati, unlawful. The government labeled the ruling as “politically motivated” and “unfounded in law.”
The Supreme Court’s decision pertains to the Instruction on the use of electronic fiscal devices, fiscal systems, and electronic fiscal software, which Murati approved on April 15, 2025. This was just one day after he was sworn in as an MP during the constituent session of the Assembly. The Court concluded that the minister’s action constituted a constitutional violation, arguing that an individual cannot simultaneously hold the positions of MP and minister.
However, the acting government has vehemently rejected this interpretation.
Government’s Counter-Arguments
The government stated: “This reasoning is unfounded in law and constitutes a unilateral and arbitrary interpretation of legal provisions. Article 31 of the Law on Government contains no prohibition regarding the issuance of sub-legal acts by an acting government or acting ministers.”
The government further emphasized that the procedures for drafting this act began on November 20, 2024, when it still held a full mandate. This, according to the government, makes the instruction legitimate from both a procedural and substantial viewpoint.
“The Supreme Court’s decision is fragile even in its logical and constitutional aspects, due to the fact that it itself recognizes the existence and functioning of an acting government, but simultaneously denies its right to exercise a competence that is not prohibited by law. This constitutes a clear contradiction in the reasoning provided and undermines the principle of legal certainty and the continuous functioning of executive institutions,” the government’s reaction concluded.
