Supreme protects the state from dictatorship by Kurti's decisions and ministers in office calls it unconstitutional

Supreme protects the state from dictatorship by Kurti's decisions and ministers in office calls it unconstitutional

The Supreme Court of Kosovo on Tuesday has estimated that the extraction of illegal acts by a person who simultaneously exercises the office of deputy and minister is illegal and violates constitutional provisions. In a decision made regarding Administrative Guidance No. 012025 for digital fiscal crates signed by the acting finance minister, [...]

The Supreme Court of Kosovo on Tuesday has estimated that the extraction of illegal acts by a person who simultaneously exercises the office of deputy and minister is illegal and violates constitutional provisions.

In a decision made regarding Administrative Guidance No. 012025 for digital fiscal crates signed by incumbent Finance Minister Iron Murati, the Supreme has estimated that “in line with Article 28 and 29 of Law No. 08/L-17 for the Government of the Republic of Kosovo, which stipulates that the Government's mandate ends with the completion of the four-year terms of the Parliament, as well as that the mandate of members of the Government ends in the event of their election as Parliament deputies, the court estimates that the minister in charge of signing the controversial sub-legal act has completed his duties with the end of the government's mandate and, at the moment of signing, according to the Official Journal of the Republic of Kosovo<1>.

In part of the decision provided by the KOHA said that in reference to the provisions set by Article 31 of the Government Law, the Government in resignation is authorised to carry out only the necessary and planned activities in the Government's annual Labour Plan and the annual budget law, “excluding the adoption of legal acts of new norms”.

The fact that from the official certificate of election results, on the 2703.2025 date, MPPT Hekuran Murati figures as deputy to the Republic of Kosovo. According to Article 71 of the Constitution, the exercise of MP and minister functions is at the same time banned. Thus, the extraction of Administrative Guidance from a person who simultaneously exercises the duties of the MP and the minister is illegal and violates constitutional provisions”, the decision says.

It is also said that the Court has failed to assess claims and other arguments, “considering that lack of legal authorization and the lack of functional competence for the release and publication of the normial act, constitutes violations of legal and constitutional provisions”.

Therefore, since the controversial act has been issued by an unauthorised authority and in the absence of legal competence, as well as contrary to principles of separation and control of powers, the Court estimates that the controversial act should be abolished as illegal and in violation of constitutional provisions”, the verdict says./Periscopi/

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