Predominate “judicial” in case of selecting KPM chairman

Before the court both sides repeated their objections, until the Kosovo Institute for Justice insists that only after the execution of the acute chairman's term could the new chairman be appointed.

By the Independent Commission for Media say IKD claims are unfounded and unexplained.

Gezim Shala from the Kosovo Institute for Justice said that if the legal provisions are not respected, then the mayor's election is illegal.

The law gives only one legal moment, which is after the end of the current president's term, which is the only legal provision that allows the mayor to choose. If this legal provision is not implemented, then the president's election is illegal because there is no other provision. In our belief there is a conceptual mix between public interest and interest in a private subjective right”, he said.

But Shala's claims call it groundless and superficial, Naim Raracaj from the legal office at the Independent Media Commission, the KP reports.

The “object to the plaintiff's claims, are not based at all on arguments such as these are simply superficial, and we expect this merit court to respect the constitutional mandate as a whole to make domestic organisation independently, and we expect a decision which will reject the prosecution's claim and confirm the legality of the work of the Independent Media Commission, whether in terms of procedure be material<1>, he said.

Before Supreme judges, Gezim Shala from the IKD said they had sufficient evidence to argue that the KKP has openly violated its basic Law of functioning in the case of approval of the Labour Order.

Any movement beyond this legal moment is considered legal offense. In addition, the development of public consultations, as a good government practice in the case of KPM legal acts, provides legal obligation and the fact that these public consultations have not been conducted in concrete cases other than matter and the procedure to adopt this regulation is illegal... For the first time, claims such as working order are heard that it's not a sublegal act.

Despite the clarity of this issue, we are giving a brief answer. If this regulation is not a sublaw, then what is it: Law or individual decision, it is understood that it is law and not the individual decision that rules on a specific administrative relationship. Adjusting jobs is the most important act of functioning an institution in this case of the KPM if this regulation was not deemed a sublegal act then it would definitely replace the law through regulation because there would be no legal means against it. For this reason the prosecution estimates that these claims are unfounded and the Supreme Court has the competence to decide in this case”, he said.

Shala asked the Supreme to declare it illegal and abolish Article 3.2. of the KPM Job Adjust approved on January 17th 2025.

X0> Knowing that the object of this indictment is not allegations of politicisation of the KPM, but the legality of the work regulation of this independent constitutional institution requires the Court to declare it illegal and abolish Article 3.2. of the KPM Job Adjust approved on January 17th 2025”, he said.

The representative of the party indicted at the Independent Commission for Media, Niman Raracaj, said this labour regulation, although it has never been changed to public consultations since it does not regulate external reports.

The KKPM's “Rule of work is the regulation that defines specific procedure actions only for members of the Commission in the executive office subsequently in its pre-multiple is clearly noted as an internal act, public consultation for an internal act is in conflict with the very nature of the KPM act has dozens of acts of sublegal norms that have been put into public consultation, and we have no case only when acts under legal norms have failed to come out of public consultation, he stressed.