IKD'S report: Dismissing offices by ministers who are MPs created serious consequences

As the IKD says in the report, the Constitution and Law for Government clearly prohibit a person from holding the position of deputy and member of the government simultaneously.

“However, most members of the incumbent government have continued to hold both positions by violating the Constitution and the Law. The legality of this practice has also been confirmed by the Supreme Court, but despite that, the Government has not only not implemented the verdict, but has publicly attacked its judges”.

“Disregarding offices by ministers who are at the same time has created serious consequences: rule of law has been violated, Kosovo's international image has been damaged with partners who have refused meetings with the prime minister and ministers within the Government building, while decisions made by members in noncompatibility are illegal. This situation has also opened cases of criminal responsibility that are being handled by the Special Prosecutor. Moreover, this practice also endangers the legitimacy of the selection process of Parliament Speaker”.

On the other hand, Kurti II Government has been characterised as a task leader government. A large number of positions have been maintained for years by task officers, without regular recruiting procedures being conducted. The Supreme Court has stressed that any position entrusted with task delivery beyond the legal deadline is illegal, and decisions issued under these circumstances are invalid”, the organisation says.

According to the Kosovo Institute for Justice, this practice, contrary to international standards of good governance, has damaged meritocracy, paralysed normal functioning of institutions and increased the potential for corruption.

The IKD emphasises that keeping positions with task officers should only be the exception, while the merit process of recruiting should be the rule. /Periscope/