IKD: The Caretaker Government Cannot Propose the Budget

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RKS NEWS 3 Min Read
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Gzim Shala, senior researcher at the Kosovo Institute for Justice (IKD), stated that the Kurti 2 government, currently in a caretaker role, does not have the legal right to propose a budget, nor does the Assembly have the authority to approve the budget of a caretaker government.

Shala explained that the Law on the Government states that:

“The government in resignation has the right to propose the approval of the Budget of the Republic of Kosovo to the Assembly.”

However, he clarified that Kurti 2 is a caretaker government, not a government in resignation.

“Article 31.2 of the Law on the Government emphasizes that a government in resignation can propose the budget. But Article 30.2 defines what constitutes a government in resignation:
2.1. After the dissolution of the Assembly until a new government is elected;
2.2. After the resignation of the Prime Minister or in any case where the Prime Minister’s position remains vacant until a new government is elected, in accordance with Article 95 of the Constitution;
2.3. After a successful vote of no-confidence against it, until a new government is elected.”

None of these situations apply to the Kurti caretaker government, whose mandate has ended. Therefore, Shala concludes, a caretaker government cannot legally propose the budget, nor can the Assembly vote on such a proposal.

Even caretaker Prime Minister Albin Kurti acknowledged on Monday that there is uncertainty about how to proceed with the budget process:

“A country without a budget cannot move forward. We have the right to propose the 2026 budget to the Assembly based on the Law on the Government, but we also need to consult lawyers to see the way forward.”

Kurti highlighted that parliamentary committees have not yet been formed, raising concerns about whether the budget content could be approved in the Assembly:

“There are many unknowns ahead, and yesterday added to those.”

Without the formation of Assembly committees, it will be impossible to execute the budget at the start of the year, even based on projections from the current budget.