IKD: The non-compliance of the Parliament risks blocking independent institutions (LISTA)

The IKD points out that many institutions have been left without members since the past legislation, which this non- Efficiency has also been carried in IX Legislature, which, as a result of non-communication, has completely blocked constitutional and legal functions of the union that, for their composition, depend on the Parliament's vote, reports “The Law on Justice“, broadcast. Periscope.

The IKD suggests that the consequences of non-compliance are already evident in the failure of certain organs and will become even clearer in the coming months due to the expiration of other mandates.

For this, the Kosovo Institute for Justice has identified a number of independent institutions and agencies that already function with significant difficulties, and others are on the verge of institutional dysfunction due to the lack of constitutionalisation of the Parliament and failure to complete the necessary appointments procedures.

“The IKD wants the Assembly of the Republic of Kosovo to be formed immediately, without further delays, and to begin meeting constitutional obligations for the appointment of members to independent institutions as a necessary step towards restoring institutional order and regaining citizens' trust in the public system. The state cannot remain on pause”, said in the communiqué.

Full communication:

Pristina, July 7th 2025 During Legisslate V III of the Republic of Kosovo's Parliament, there have been serious deadlocks in the process of appointing the college and individual bodies that the Parliament is tasked with appointing under the Constitution and specific laws. During this period, dozens of institutions have become dysfunctional or have remained lacking members as a result of the government's inaction and delays in their proposal.

The Assembly, although in some cases has exactly implemented the previous procedures, has ultimately failed to make such appointments timely and in line with constitutional and legal criteria. As a result, these organs were left without members. At the same time, the Government did not show caution to make proposals within the previous deadlines and to ensure that these positions are not filled with persons with political or party ties.

The main responsibility for this situation lies with the parliamentary majority of the past legislature, which, although having the power to carry out these appointments, chose not to act, neglecting and neglecting constitutional and legal obligations.

The failure and failure to appoint members to these organs in time has been carried to the IX legislature, which is not being implemented since April 15th 2025, thus blocking the constitutional and legal functioning of institutions that depend on the Parliament's vote for their composition. The consequences of non-compliance are already evident in the dysfunction of certain organs and will become even clearer in the coming months, due to the expiration of other mandates.

The Kosovo Institute for Justice has identified a number of independent institutions and agencies that already function with significant difficulties, and others are on the verge of institutional dysfunction due to the lack of constitutionalised Assembly and failure to complete the necessary appointments procedures.

List of institutions operating with missing members or are dysfunctional due to the Parliament's inaction:

The Constitutional Court - Two judges in the Constitutional Court have not been selected by the end of 2024 by the Parliament.

The Procureing Organisation ? The Chairman of the Board's position is empty after his resignation on August 12th, 2024.

The ombudsperson's Institution has ended the mandate on 14 June.

Under the new Law, the Independent Supervisor Council for the Kosovo Civil Service should also be appointed 10 new members.

The Kosovo Property Agency ? The Commission for Verification and Determination for Property should be met with 2 local members.

The Kosovo Pension Savings Fund ? Two positions are incomplete: the employee's representative and business representative.

The Rational Authority for Electronic Communications and Posting has been missing a member to be appointed by the Assembly after the Government's proposal.

Independent Commission for Media (KPM) Five members missing; The commission remains dysfunctional.

Independent Competition Authority ) missing 2 members after written resignations.

Railway Regulatory Authority has four members missing; ARH is dysfunctional.

The Adviser Board for Environmental Protection has missed 7 members; the board is dysfunctional.

Director of the Regulatory Authority for Water Services In the absence of the Chief.

US Public Enterprise Board In absence of two members to be appointed by respecting gender quotas.

Commission for State Assistance (KNSH) The election of the leader and four members of the KNSH remains in procedure.

The Independent Commission for Mine and Minerals should be elected 2 members after the government's proposal.

The Public Procure Ration Commission must be appointed head of the KRPP.

The Ankees Board at the KPM In the absence of two members; the board remains dysfunctional.

Also, several mandates are at the end of this year:

The ombudsman will complete the mandate on September 28th.

Six members of the Kosovo Privatisation Agency will be completed the mandate on 6 August.

Fifteen members of the National Council of Science are expected to expire in November this year.

The non-election of members in independent bodies seriously affects institutional functionality and rule of law in the country. The lack of quorums needed for decision making these institutions unable to exercise their legal competencies, creating institutional vacuums and jeopardising effective law enforcement. This situation leads to delays in providing public services, cutting institutional supervision and weakening accountability in more sensitive sectors for citizens.

In addition to the functional consequences, this situation undermines citizens' trust in public institutions and undermines democratic order in the country. Failure to meet constitutional and legal obligations on the part of the Parliament and Government creates dangerous precedents for disrespecting the rule of law and makes the balanced functioning of the institutional system impossible.

The IKD wants the Assembly of the Republic of Kosovo to be formed immediately, without further delays, and to begin meeting constitutional obligations for the appointment of members to independent institutions as a necessary step towards restoring institutional order and regaining citizens' trust in the public system.

The state must not remain in a pause.