Mandate of Kosovo Ombudsperson Expires, New Appointment Impossible Without Constituted Assembly

RKS NEWS
RKS NEWS 2 Min Read
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On September 28, 2020, Naim Qelaj received the necessary votes from the Assembly of Kosovo to assume the position of Ombudsperson for a five-year term, as prescribed by law.

Five years later, with his mandate now expired, Kosovo faces an institutional challenge — the absence of a constituted Assembly to proceed with the election of his successor.

As a result, since September 28, 2025, the Ombudsperson Institution has been operating without a fully mandated head.

According to the Law on the Ombudsperson, the procedure for electing a new head must begin six months before the expiration of the current mandate. However, six months ago Kosovo already lacked a functioning Assembly.

Nevertheless, the same law — specifically Article 14 — provides a temporary solution:

“In the event of the expiration of the mandate, the Ombudsperson or his/her deputy shall continue to exercise their functions until the election of a new Ombudsperson.”

Legal expert Ardian Bajraktari has described the situation as fragile and concerning, especially considering that many institutions are currently led by acting officials.

“I believe this should serve as a clear signal to political representatives in the Assembly to reflect and fulfill their most basic responsibilities. They must first complete the constitution process as soon as possible and begin the proper functioning of such institutions,” Bajraktari stated.

The Ombudsperson remains one of Kosovo’s most important independent institutions, tasked with protecting the rights and freedoms of citizens from unlawful actions or inaction by public authorities.