8 hours agoEven deputy and prime minister, expected and no wonder Albin Kurti in his style continues attacks on the Supreme Court
Periskopi(a year ago)
(a year ago)The incumbent government of the Republic of Kosovo has reacted to the Supreme Court's recent decision, which has abolished the No Administration Guide. 012025 related to the use of electronic equipment and software. According to the Government, the court's reasoning that the act was approved by a government and minister in office without legal authority is [...]
Official response says the Law on Government does not prohibit the incumbent government's issue of illegal acts and that restrictions are related only to major issues like international agreements or new bills. Moreover, the Government stresses that the procedure for drafting this Guide had started in November 2024, when the Government had a full mandate.
The Supreme Court's decision is also fragile in a logical and constitutional way, for he himself knows the existence and functioning of the Government in office, but also denies its right to exercise a competence that is not prohibited by law” is said in the statement.
The government has also recalled that under a Constitutional Court act, the Kosovo Assembly has not yet been constitutionalised as a functional organ, so there is no functional conflict between the office of minister in office and that of the MP.
Full Posting:
The government of the Republic of Kosovo expresses its concern and opposition to the recent decision by the Supreme Court of Kosovo, which has been abolished an Administrative Direction, NR. 012025 for the exploitation of fiscal electronics, fiscal systems and electronic fiscal software with the argument that this act has been adopted by a government in office and by a minister in office, who allegedly lacks the competencies to issue sublegal acts.
This reasoning is not based on law and constitutes a unilateral and arbitrary interpretation of legal provisions. Concretically, Article 31 of the Law for Government contains no ban concerning the release of sublawic acts by a government on duty or ministers on duty. This article limits the government's activity in office only on major issues, such as international agreements requiring ratification in the Assembly, constitutional amendments, new bills, strategies and concepts, but not on the release of implementing acts, such as Administrative Guide in question.
Moreover, the procedure for drafting this Command had started on November 20, 2024, at the time when Government enjoyed full constitutional and legal mandate, which gives this act full procedural and substitute legitimacy.
The Supreme Court's decision is also fragile in a logical and constitutional way because it recognizes the existence and functioning of the Government in office but also denies its right to exercise an authority that is not prohibited by law. This constitutes a clear contradiction in the given reasoning and violates the principle of judicial security and continued functioning of executive institutions.
As for the claim of possible functional conflict between the office of the incumbent minister and that of the MP, we recall that the Constitutional Court of the Republic of Kosovo, in the Ko124/25 Act, on the device, but also in paragraph 93, has clarified that “. As a result of the election of the mayor/s and vice-presidents, the Assembly has failed to be constituted, and therefore the same has not been functional as a representative body with authorisations, decision-makers and supervisors defined by the Constitution.” This Act has clearly found that the new Assembly has not yet been constitutionalised, because the Constituve session cannot be considered completed without the election of the Speaker and Deputy Speakers of the Parliament. Consequently, there can be no functional conflict between the incumbent and MP positions, while the new parliamentary composition has not yet entered constitutional function.
The government of the Republic of Kosovo remains committed to respecting constitutional and legal order, as well as to the continued functioning of state institutions. The decisions of justice institutions should respect the spirit of the law and be based on clear judicial standards, not unilateral or politically motivated interpretations.
The decision will be used by legal means available to restore legitimacy and democratic standards.
Expected by Iron Murat attack the Supreme after he has broken his decision about the arks
