Kosovo’s Constitutional Court has decided to extend until January 30, 2026, the temporary suspension of the government’s decision to seize land owned by the Municipality of Gracanica for the construction of a residential center for children and elderly people with autism, Down syndrome, and disabilities.
The disputed government decision, adopted on August 28, 2024, declared more than 13 hectares of land in Gracanica as property of “public interest” and assigned it for use to the charity “Balkan Orphans” for the construction of the center.
In October 2024, the Municipality of Gracanica filed a lawsuit with the Basic Court in Pristina seeking annulment of the decision, claiming that the government had unilaterally appropriated municipal land without any consultation with the local authorities.
The municipality argued that such an act harms both the interests of the municipality and its citizens.
A day after the lawsuit was filed, the municipal assembly held an extraordinary session during which councilors unanimously opposed the decision.
On April 2, 2025, the municipality turned to the Constitutional Court, requesting a review of the constitutionality of the government’s decision, arguing that it violated three provisions of the Constitution.
According to the Court’s summary, Gracanica maintained that neither the government nor the relevant ministry had informed or consulted the municipality during the preparation of the project.
“This consequently affects the Municipality of Gracanica, as it is linked to the government’s intention to remove parts of cadastral units on a significant area owned by the municipality. Due to the lack of notification and consultation, the municipality is unaware of the selection criteria or reasons behind the government’s choice to build a residential facility for the charity ‘Balkan Orphans,’” the Court cited the municipality’s request.
The municipality also claimed that the government violated the Law on Public Property (No. 08/L-125) and the Law on Local Self-Government (No. 03/L-040), a law of constitutional importance that cannot be bypassed or limited in scope.
“The government’s decision directly harms the interests of the Municipality of Gracanica regarding its planned investments and projects aimed at increasing local revenue,” the request added.
Notably, on the same day the government adopted the disputed decision, a ceremonial groundbreaking was held on the contested site. The event was attended by the head of the “Balkan Orphans” charity, Halil Kastrati, who announced plans for a modern complex providing specialized care and opportunities for people with special needs.
The ceremony was also attended by former Assembly Speaker Glauk Konjufca, Kosovo’s Grand Mufti Naim Tërnava, and former President Behgjet Pacolli, who partly financed the project.
In August 2025, following Gracanica’s appeal, the Constitutional Court issued an interim measure halting the government’s decision, citing the need to protect the municipality’s interests while the case remains under review.
The Court has now extended that suspension for another three months.
“The Court decides to extend the temporary measure adopted on July 31, 2025, suspending the execution of government decision No. 05/218 of August 28, 2024. The extension will remain in force until January 30, 2026,” reads Thursday’s ruling.
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