PRISTINA, Kosovo – July 15, 2025 – The Supreme Court of Kosovo on Tuesday declared illegal the issuance of sub-legal acts and administrative instructions by ministers who also hold parliamentary seats, emphasizing that this constitutes a violation of constitutional provisions.
The Supreme Court’s decision specifically annulled an administrative instruction issued by acting Minister of Finance, Hekuran Murati. This instruction, which regulated the use of electronic fiscal devices and related software, was approved on April 15 and published in the official gazette on April 16. Crucially, this was just one day after Murati had been sworn in as a Member of Parliament for the new legislature following the February elections.
Government in Resignation’s Limited Authority
In its ruling, the Supreme Court stressed that a resigning government’s authority is limited to carrying out only essential activities included in the annual work plan and the annual budget law. The adoption of new normative sub-legal acts falls outside these restrictions.
“The resigning Government is authorized to perform only the necessary activities planned in the Government’s annual work plan and in the annual budget law, excluding the adoption of new normative sub-legal acts,” the Supreme Court stated in its decision.
Constitutional Conflict of Roles
Furthermore, the Court highlighted that following the official certification of election results on March 27, Minister Murati had already commenced his function as a Member of Parliament. According to Article 71 of the Constitution, the simultaneous exercise of the functions of an MP and a minister is prohibited.
“According to Article 71 of the Constitution, the exercise of the functions of an MP and a minister at the same time is prohibited. Consequently, the issuance of the Administrative Instruction by a person simultaneously performing the duties of an MP and a minister is illegal and violates constitutional provisions,” the Supreme Court’s decision concluded.
