Besim Kelmendi, who was dismissed from the position of Acting Chief Prosecutor of Kosovo during the November 20, 2025 meeting of the Kosovo Prosecutorial Council (KPC), has filed a lawsuit against the KPC, requesting the annulment of the Council’s decision.
Kelmendi has also proposed the imposition of a temporary security measure—suspending the implementation of the KPC’s decision—allowing him to continue exercising the duties of Acting Chief Prosecutor until a merit-based decision is made in this administrative case, according to “Betimi për Drejtësi.”
Kelmendi’s dismissal was carried out with the votes of five members of the KPC who were present at the November 20 meeting, after the session had initially been closed due to a lack of quorum following the departure of Kelmendi and four other members.
According to the lawsuit initiating the administrative conflict and proposing a temporary security measure, although the KPC’s decision dismissed the plaintiff, no disciplinary procedure had been followed. Consequently, the plaintiff could not exercise the right of appeal in the Supreme Court, as guaranteed by Article 19, Paragraph 4 of Law No. 06/L-056 on the Kosovo Prosecutorial Council.
The lawsuit states that the KPC treated Kelmendi’s dismissal not as a disciplinary matter but as a regular administrative decision taken by only five of the ten elected KPC members, rather than a full collegial decision.
Given that the KPC is an independent institution, as guaranteed by the Constitution, with no superior body to review its decisions, the plaintiff directly submitted this lawsuit to the Court.
The lawsuit details that the November 20 KPC meeting initially had on the agenda the report of the electoral commission from basic prosecutors’ offices for underrepresented communities and genders, dated November 3, 2025. Before approving the agenda, Deputy Chair Jehona Grantolli proposed adding the plaintiff’s dismissal from the Acting Chief Prosecutor position to the agenda.
The five KPC members, including Kelmendi, initially opposed this proposal, considering it arbitrary and unlawful, and then immediately left the meeting. The quorum therefore fell below the legally required minimum. Chair Ardian Hajdaraj officially closed the meeting due to lack of quorum, ending any competence for decision-making until a new meeting was convened.
Despite the official closure, Hajdaraj convened a new meeting a few minutes later. At this second meeting, only five KPC members attended—Jetish Maloku, Jehona Grantolli, Ariana Shajkovci, Milot Krasniqi, and Hajdaraj himself—while other members, including Kelmendi, were not notified or invited. In this second meeting, Decision KPC.nr.2062/2025 dated November 20, 2025, was issued, dismissing Kelmendi from the Acting Chief Prosecutor position.
The lawsuit argues that the quorum requirement was not met, making the decision legally invalid. Furthermore, the KPC treated the dismissal as an ordinary administrative act, without initiating a disciplinary mechanism, conducting an investigation, holding hearings, or meeting the required two-thirds vote threshold.
The lawsuit also disputes the KPC’s claim that Kelmendi had “expressed a unilateral public stance,” noting that the law does not recognize public statements as grounds for dismissal, especially without due legal procedure.
The lawsuit highlights that the European Union has noted the decision disregards the rule of law, damages public trust, and undermines Kosovo’s EU integration progress.
Kelmendi requests that the court:
- Approve his lawsuit and annul the KPC’s decision, reinstating him as Acting Chief Prosecutor;
- Order the KPC to cover the procedural costs;
- Impose a temporary security measure suspending the KPC decision, allowing him to continue exercising his duties until a final administrative ruling is reached.
The lawsuit emphasizes that the illegal dismissal has caused immediate, serious, and irreparable harm, affecting Kelmendi’s authority, integrity, public image, and professional reputation. As Acting Chief Prosecutor is the highest prosecutorial office in Kosovo, any unlawful interference has profound institutional and professional consequences.
