The Kosovo Institute for Justice (IKD) has launched an initiative aimed at strengthening institutional accountability by proposing changes to the Criminal Code that would make the deliberate non-implementation of Constitutional Court decisions and the use of public resources for electoral purposes criminal offenses.
IKD has started collecting signatures from citizens in Prishtinë to submit the initiative to the Assembly of Kosovo, where at least 10,000 signatures are required for the proposal to be formally considered.
IKD senior researcher Gëzim Shala said that decisions of the Constitutional Court are binding on all state institutions and public officials, but currently do not have specific criminal protection.
“Decisions of the Constitutional Court are mandatory for all institutions and all public officials. They are equivalent to constitutional norms, but they do not enjoy criminal protection. This initiative aims to criminalize the intentional failure to implement Constitutional Court decisions,” Shala said.
The second proposed criminal offense concerns the misuse of public resources for electoral purposes. IKD stressed that the initiative does not seek to prevent governments from using public funds for legitimate public programs, but rather to stop the use of state resources to create unfair advantages between political parties during election periods.
“Nobody is seeking to stop the use of public money for the public good. We are asking that public resources are not used for electoral purposes in a way that creates an unequal competition between political parties,” Shala said.
IKD researcher Naim Jakaj called on citizens to support the initiative, arguing that it would strengthen accountability and increase public trust in Kosovo’s institutions.
According to Jakaj, government decisions involving financial benefits during election campaigns should follow predictable procedures rather than being announced in a way that could influence voters.
“The government cannot distribute funds to certain categories during an election campaign. These decisions should be made predictably, for example by announcing that payments will happen in January or February, not in an unpredictable manner when people do not know when money will appear in their accounts,” Jakaj said.
Several citizens also expressed support for the initiative, arguing that respecting Constitutional Court decisions is essential for maintaining the rule of law.
“Public money is public and should serve only the general interest. Any initiative that serves the common good should have as much support as possible because citizens’ voices are decisive,” said citizen Shaqir Foniqi.
Another citizen, Agim Krasniqi, said that failure to respect Constitutional Court decisions could undermine the entire legal system.
“The Constitutional Court is the backbone of a state. Ignoring its decisions leads to anarchy. A precedent like this could destroy the entire legal system, which is why such an initiative should be supported,” Krasniqi said.
IKD will continue collecting signatures in Prishtinë and plans to expand the campaign to 14 other cities across Kosovo. The deadline for collecting the required 10,000 signatures is 28 October.
