The Center for Strategic Litigation (CSL) has filed a lawsuit at the Basic Court in Prishtina – Department for Administrative Matters, seeking the annulment of the caretaker Government’s decision to appoint the Director-General of the Kosovo Institute for Public Administration (IKAP). CSL has also requested the suspension of the decision’s implementation until a final ruling is issued.
According to CSL, the decision was accompanied by serious constitutional breaches and legal violations, both procedural and substantive, which allegedly infringed upon the employment rights of the plaintiff.
“One of the major violations identified and argued in the lawsuit is that the appointment decision was made on the proposal and approval of the caretaker Prime Minister and ministers who simultaneously hold seats as Members of Parliament. This unlawful practice has already been confirmed by the Supreme Court of Kosovo (Judgment P.A. no. 09/2025, dated July 7, 2025), which emphasized the incompatibility with constitutional principles regarding the separation of powers and the prohibition of dual office-holding,” CSL stated.
Additional Violations Cited
CSL listed several other breaches that, in its view, render the decision unlawful:
- Lack of reasoning in the appointment decision regarding the selection of the appointed candidate over the three shortlisted finalists, violating provisions of the Law on Public Officials.
- Failure to meet mandatory elements of an administrative act, such as reasoning and legal advice, as required under the Law on General Administrative Procedure.
- Disregard for meritocracy and gender representation, as preference was given to the second-ranked candidate, who was not from the underrepresented gender, thereby breaching both the Law on Public Officials and the Law on Gender Equality.
CSL has called on the court to fully uphold its lawsuit, annul the caretaker Government’s decision, and restore constitutional and legal order in the appointment process.
“Due to the high level of consequences that this decision could cause to the public interest, we have also proposed the suspension of its implementation until the court’s final ruling,” CSL concluded.
