Kosovo’s Supreme Court has declared illegal an amendment to the Civil Aviation Authority’s (CAA) internal regulation, which outlined the internal organization and systematization of job positions. The decision was made public by lawyer Faton Fetahu, who stated that the regulation had been approved without a legal basis.
Regulation Lacked Legal Basis
“The Supreme Court of the Republic of Kosovo has declared illegal Regulation No. 01/2025 of the Civil Aviation Authority – one of the most important acts of this institution, which directly affects the functioning and national security of the country,” Fetahu wrote on Facebook. “This regulation was approved without a legal basis and in contradiction with the fundamental principles of the legal order. On behalf of a group of employees of this institution, we filed a lawsuit for judicial review of this sub-legal act, and today we received the highest confirmation: the Supreme Court fully approved our claims and annulled the regulation.”
According to Fetahu, the implementation of this regulation would have had severe consequences not only for the plaintiffs but for the entire operation of the institution.
New Standard Set for Acting Officials
Furthermore, Fetahu added that the decision set another important standard. He stated that this ruling confirmed that any decision made by an acting official after exceeding the one-year term limit is illegal.
“This standard strikes down a harmful and widespread practice in recent years – holding key administrative positions beyond legal deadlines, with politically selected individuals dependent on the will of power bosses,” he explained. “Such is the case of the director of the Civil Aviation Authority, as well as dozens of other managerial positions that are currently exercised in violation of the law. This decision is clear evidence that judicial control of sub-legal acts is fundamental for the protection of legality and for guaranteeing the fair functioning of public institutions. Therefore, the Supreme Court, in this case, has decided in favor of the rule of law.”
