"The government in the resignation has no mandate to start new legislative policies or processes"

"The government in the resignation has no mandate to start new legislative policies or processes"

The programme manager at the Kosovo Democratic Institute (KDI), Eugen Cakoli, has declared that the current government, considered in resignations, under the Law on Government, has no mandate to initiate new public policies, make decisions for new working groups or launch new legislative processes that produce effects beyond its mandate.

According to him, legal restrictions for the government in resignations aim to prevent situations when an outgoing executive determines the priorities of future governments.


“According to the spirit and definitions of the Law for Government, the current government -- considered under resignation -- has no mandate to initiate new public policies, nor to make decisions on the creation of new working groups, nor to initiate new legislative processes that produce effects beyond the period of exercising its limited competencies” -- has written Calcoli.

He has added that Article 31 of the Law on Government clearly defines the lawmaker's purpose to limit the actions of a outgoing government.

The provisions imposed on the government in the resignation are intended to prevent the very situation when a outgoing government determines the priorities of governments that have not yet been formed. Moreover, Article 31 of the Law on Government clearly reflects the intent of lawmakers that a outgoing government not undertake initiatives that produce political and institutional effects beyond its mandate, he stressed.

Chocolate has estimated that these restrictions apply not only to formal adoption of acts but include the entire decision - making cycle.


He added that this situation becomes even more problematic when it comes to new initiatives that are not planned in the government's annual documents and that do not stem from the urgent state need.

“Conferences include essentially and logically the entire decision-making cycle leading to a new norm act”, Calcoli added.

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