IKD: Any decision of “ministers” can be abolished in court

IKD: Any decision of “ministers” can be abolished in court

Kosovo's Institute for Justice (IKD) estimates that the simultaneous exercise of minister and MP positions conflicts with the principle of separation of powers, referring to the Supreme Court ruling that made it clear that you cannot be both minister and MP. Melos Kolshi of IKD said any decision [...]

Kosovo's Institute for Justice (IKD) estimates that the simultaneous exercise of minister and MP positions conflicts with the principle of separation of powers, referring to the Supreme Court ruling that made it clear that you cannot be both minister and MP.

Melos Kolshi from the IKD said that any decision taken from March 27th onward by the incumbent ministers who are simultaneously MPs could be abolished in court, as in the case of the Ministry of Finance administrative instruction.

The “cannot one individual exercise both the MP's position and the minister in office, or the prime minister in office, for reasons these clash with each other. The Supreme Court has confirmed this, saying and maintaining the principle of separation of powers: executive, legislative and judicial, indicating that executive and legislative power should not be exercised by the same individual”, Kolshi said.

He expressed concern over public comments by government officials to the Supreme Court's decision, naming them as intervention in the justice system.

Such a Supreme Court ruling must certainly be welcomed and respected. One thing that is disturbing is statements from the incumbent government. The fact that institutional and government actors in office are speaking and commenting on the Supreme Court's judgment conflicts with the principle of judicial independence. This should not happen by institutional actors for the reason this is pure interference in the justice system and is intervention in the work of the court”.

He said that from institutions, in this case by the incumbent government, only are expected to respect the Supreme Court's act of judgment.

The “in the same logic, according to the IKD, from March 27th on, each decision that has been taken by the ministers in office, which also exercises the position of the MP, could expect the same fate by being indicted in court and being abolished the same as has happened with administrative direction issued by the Ministry of Finance”, Koles told EO.

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