14 NGO, against today's government decision: Constitution and Actigation Broken

“As continuation of the letter sent to the president of the Republic of Kosovo, Mrs. Osmani Sadriou, and takes into account today's cabinet meeting in office, would like to clarify that today's government action in office during the proceedings and adoption of the budget bill conflicts with the legal requirements specified in the government law and the Constitution of the Republic of Kosovo itself. This was due to the fact that today persons who are certified as deputies in the Kosovo Assembly voted. The Republic of Kosovo budget bill for 2026 could be proposed by the incumbent government, in accordance with the law on government. However, as we noted in the letter sent out, this process should be carried out in full compliance with the Constitution, law and justice of the Supreme Court. The same clearly define that a person cannot exercise two functions simultaneously, as a member of the government and as MP”, the GAP response said.

Full response:

As the continuation of the letter sent to the president of the Republic of Kosovo, Mrs. Osmani Sadriou, and takes into account today's cabinet meeting in office, would like to clarify that today's government action in office during the proceedings and adoption of the budget bill conflicts with the legal requirements specified in the government law and the Constitution of the Republic of Kosovo itself. This was due to the fact that today persons who are certified as deputies in the Kosovo Assembly voted.

The Republic of Kosovo budget bill for 2026 could be proposed by the incumbent government, in accordance with the law on government. However, as we noted in the letter sent out, this process should be carried out in full compliance with the Constitution, law and justice of the Supreme Court. The same clearly define that one cannot exercise two functions simultaneously, as a member of the government and as an MP.

Therefore, for this process to be legal, it has been imperative that signatories of this bill be in full compliance with the high-level legislation, and propossesses be deputy prime minister and minister of the relevant deputy ministers who have not yet won the MP's position in this legislature. Any action that overlooks this principle violates the validity of the budget law, the situation that took place today.

In these sensitive political phases, respect for constitutional order and judicial decisions is essential to maintaining institutional stability and ensuring that the budget approval process remains legitimate. Any attempt like this one to bypass the law for the government, the Supreme Court's act and the Constitution of the Republic of Kosovo hurt not only the process of adopting the budget, but the very principle of rule of law in Kosovo.

As to the content, the draft law and proposed packages are seen as being prepared without a comprehensive institutional approach, deepening the political crisis further in the country and ultimately failing to approve it through common consensus among all political parties. Such an approach seriously violates the principles of democracy in this country because it is taking place in the period of municipal elections and the warning of general elections as well.

We want to reiterate that adopting the budget is vital for normal functioning of the state and without an approved budget, in case of a recurring institutional stalemate, we can enter deep financial instability but also the overall functioning of the state. The incumbent government had a legal opportunity to legally proceed with the process of adopting this budget, but the way that was applied today essentially violates the Constitution, legislation and justices.

Honestly,

GAP Institute

Group for Jury and Political Studies (GLPS)

Kosovar Civil Society Foundation (KCSF)

Institute for Development Policy (INDEP)

Kosovo Institute for European Policy (EPIK)

Community Development Fund (CDF)

SHL-Kosovo

YMCA Kosova

TOKA

Kosovar Institute for Local Governance (KLGI)

Balkan Green Foundation (BGF)

Kosovar Centre for Gender Studies (QKSGJ)

Community Building Mitrovica (CBM)

Advocacy Training and Resource Center (ATRC)