Pristina, 16 July 2025 – Kosovo Law Institute (KLI) considers the reaction of the caretaker Government against yesterday’s judgment of the Supreme Court of the Republic of Kosovo to be entirely unacceptable. The judgment declared that Administrative Instruction (MFPT) No. 01/2025 on the Use of Electronic Fiscal Devices, Fiscal Systems, and Electronic Fiscal Software is unlawful and ordered its annulment.
The public opposition of a judgment of the highest court of regular jurisdiction by the executive branch not only constitutes interference in the independence of the judiciary but also represents a flagrant violation of the principle of separation of powers – a cornerstone of constitutional order in a democratic state. This action undermines the integrity of the judiciary and fosters institutional distrust.
Furthermore, KLI considers the approach taken by Mr. Hekuran Murati – who publicly named and criticized Supreme Court judges – to be extremely dangerous. This conduct not only threatens the integrity of the judicial system but also poses a risk to the personal safety of the mentioned judges.
The reactions from the caretaker Government and its members constitute unjustified pressure on the judiciary, undermining institutional independence and the broader efforts to establish an impartial justice system. KLI reminds all stakeholders that trust in the judiciary is built through respect for its decisions, not through public delegitimization by political officials.
Yesterday’s judgment by the Supreme Court sets an important precedent in halting political interference in administrative decision-making and establishing a new standard in the practical application of the separation of powers principle.
KLI considers that the Supreme Court was right in determining that the issuance of the Administrative Instruction by an individual simultaneously holding the position of both Member of Parliament and Minister is unlawful and in violation of constitutional provisions. Accordingly, the Administrative Instruction was declared illegal and annulled, as it was issued by an official without a valid mandate and in clear functional incompatibility.
KLI calls on all institutional representatives to respect the integrity of judicial decisions and to refrain from any actions or statements that aim to undermine the authority of the courts. Only through an independent and functional judiciary can legal certainty and the rule of law be guaranteed.