Kosovo’s ongoing institutional deadlock has deepened after the Supreme Court annulled a government administrative instruction, triggering a wave of political reactions, including accusations of judicial interference and threats to the rule of law.
Supreme Court Ruling Challenges Dual Mandates
On July 14th, Kosovo’s Supreme Court issued a decision annulling an administrative instruction issued by Acting Minister of Finance Hekuran Murati. The Court ruled that individuals cannot simultaneously serve as ministers and Members of Parliament – a stance that directly affects multiple current officials from the ruling Self-Determination (Vetëvendosje) party.
According to the Court’s reasoning, ministers lose the authority to issue decisions once they are certified as MPs, even if a new government has not yet been formed.
The Court’s decision effectively confirmed a long-standing argument from the opposition, who have been claiming for months that it is unconstitutional for elected MPs to continue holding ministerial posts.
Opposition Reaction
Opposition parties welcomed the ruling as a long-overdue affirmation of the constitutional principle separating legislative and executive powers.
Two Democratic League of Kosovo (LDK) MPs, Besian Mustafa and Alban Zogaj, submitted the Supreme Court ruling to Kosovo’s Special Prosecution Office today, citing it as evidence in their earlier criminal complaints filed against 17 officials accused of simultaneously exercising ministerial and parliamentary functions.
LDK leader Lumir Abdixhiku praised the ruling as “clear” and “final,” stating:
“The Supreme Court has confirmed that holding both MP and ministerial positions is illegal and constitutes a criminal offense. We expect Kosovo’s Prosecution to act. This country and society pay them, support them, and above all, trust them to uphold the law.”
Other opposition leaders, including members of the Democratic Party of Kosovo (PDK), have echoed calls for legal action, specifically targeting Prime Minister Albin Kurti and his ministers.
Government Response
Officials from the ruling party Vetëvendosje have reacted sharply. They accused the Court of delivering a one-sided and politically motivated interpretation of the law.
Deputy Prime Minister Besnik Bislimi went so far as to describe the ruling as a “declaration of war” against the government. In a more controversial move, the Minister of Finance, whose instruction was overturned, published the names of the judges involved in the decision – raising additional concerns about pressure on the judiciary.
In response, the Supreme Court issued a rare public statement, accusing government officials of interfering with the independence of the judiciary, which it described as “unacceptable.”
Civil Society and Diplomatic Reactions
The ruling has triggered strong support from Kosovo’s civil society and international community – particularly in defense of judicial independence.
Ehat Miftaraj, Executive Director of the Kosovo Institute of Justice, praised the Court’s decision in a post:
“Drinking coffee and reading the Supreme Court ruling. This is how the state is protected and the rule of law is built. Bravo, Supreme Court!”
The OSCE Mission in Kosovo issued a statement emphasizing that:
“Safeguarding the independence and integrity of the judiciary is a cornerstone of Kosovo’s democratic system. Respect for decisions of the Constitutional and Supreme Courts, along with open and constructive dialogue among institutions, remains essential.”
German Ambassador Jörn Rohde gave his “full support” to the EU position, tweeting:
“Such attacks against individual judges and political interference into judiciary is absolutely unacceptable. It’s the least this country needs in this already difficult political situation.”
Aivo Orav, EU’s Head of Mission, said EU ambassadors had discussed the issue and that interference in the judiciary is “inacceptable.”
His statement was echoed by EULEX Chief Giovanni Pietro Barbano, who stated:
“Independence of the judiciary remains a fundamental foundation of the Rule of Law and must be guaranteed.”
Background: Institutional Crisis Since March
Kosovo has been facing an unresolved institutional crisis since March 27th, when the final results of the February parliamentary elections were confirmed.
Despite being sworn in, the new MPs have failed – even after 47 attempts – to elect the Speaker and Deputy Speakers of the Assembly, meaning the parliament remains unconstituted, and a new government cannot be formed.
Many of the ministers from the previous Kurti-led government, which is now operating in a caretaker role, were elected as MPs. However, they have continued to serve as ministers, leading to months of legal and constitutional dispute.
The opposition maintains that this dual mandate is unconstitutional. The ruling Vetëvendosje party rejects the accusation, asserting that their actions are fully in line with the law.
With the Supreme Court now clearly siding with the opposition’s interpretation, the legal and political landscape in Kosovo could face further upheaval in the days to come.
EU and EULEX Chiefs Condemn Political Interference in Kosovo Judiciary
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