21 May 2025 – Group for Legal and Political Studies (GLPS) held a press conference today, raising concern on the unlawful decisions undertaken by the outgoing Government in Kosovo. GLPS has been continuously monitoring political developments since the election day on February 9, the certification of results, the resignations of government cabinet officials elected as MPs, and the adoption of the report on the verification of mandates by the Assembly of Kosovo on April 19, 2025.

While remaining reserved in assessing the constitutionality of the provisions of Law No.08/L-117 on the Government of the Republic of Kosovo, which regulate situations, competencies, and limitations when a government is considered acting or outgoing, based on this law, GLPS has analyzed the decisions made by the outgoing Executive during the 10 meetings held since the election date.

With the end of the Assembly’s term, and the holding of general elections in our country, the Kurti II Government transitioned to an outgoing government in accordance with Article 28, paragraph 1.4 of the Law on the Government of the Republic of Kosovo. The limitations on its duties and responsibilities until the election of a new government are defined in Article 31 of this Law.

From February 9, 2025 (election day) until March 27, 2025 (the date the Central Election Commission certified the results), the outgoing government held 7 meetings and undertook 76 decisions. Considering the legal limitations for an outgoing government, GLPS assesses that 13 of these decisions are unlawful because they exceed the limitations outlined in Article 31 of the Government Law. The remaining decisions fall within routine operations and are necessary for the normal continuation of executive operations.

The unlawful decisions relate to the initiation of new procedures for appointments to public positions under government jurisdiction. These include, but are not limited to, the establishment of ad-hoc commissions for the following positions: Chief Health Inspector at the Health Inspectorate; Director General of the Employment Agency of the Republic of Kosovo; Director General of the Kosovo Institute for Public Administration; Executive Director of the Civil Registration Agency; Director General of the Kosovo Academy for Public Safety; Director General of the Information Society Agency; Executive Director of the Cybersecurity Agency; and Executive Director of the Kosovo Forensic Agency.

GLPS also considers as unlawful the decisions through which the outgoing Government, despite its limitations, approved concept documents and strategies, such as: the Strategic Document and Action Plan for Early Childhood Intervention (ECI) 2025–2030; the Concept Document on Plant Health; and the Concept Document on Organic Agriculture, among others.

Furthermore, since March 27, 2025, when the CEC – in contradiction to the Constitution – certified executive officials as MPs of the 9th legislature, these same individuals, acting in violation of the Constitution by simultaneously holding executive posts and certified as MPs, participated and voted in the next three Executive meetings.

In these meetings, a total of 17 decisions were undertaken by a cabinet that included a Prime Minister and Ministers who, in contradiction to Article 72 of the Constitution, were involved in presenting and participating in decision-making. As a result, each of these decisions are considered unlawful, as they were made by a composition of the Executive in contradiction with the highest legal act.

In this situation, given the composition of this cabinet, GLPS recommends that no further decisions be made that violate the Law and the Constitution of Kosovo. Based on the limitations of the outgoing government, we recommend that each subsequent decision be taken by a legitimate composition.

Venue: GLPS Offices (Str. Rexhep Luci, 16/1, 10000 Prishtina, Kosovo)