Pristina, 17 June 2025 – The Supreme Court of the Republic of Kosovo has approved KLI’s lawsuit, declaring paragraph 2 of Article 3 of the Rules of Procedure of the Independent Media Commission (IMC), adopted on 17 January 2025, unlawful and repealed.
This Supreme Court ruling follows KLI’s lawsuit filed on 29 January 2025, seeking the annulment of the provision, specifically, the declaration of illegality and repeal of paragraph 2 of Article 3 of the Rules of Procedure of the Independent Media Commission—arguing that the provision was unlawful, adopted arbitrarily, and in violation of legal procedures.
Today’s ruling represents a significant precedent in upholding legality and transparency within independent constitutional institutions, confirming that no institution, including IMC, has the authority to adopt rules that deviate from the fundamental law governing its operations.
The Supreme Court rejected IMC’s claim that the provision was merely an internal administrative act, determining instead that the IMC Regulation had a normative character because it regulated a recurring and general institutional matter of significant importance—the election of the Chairperson. As such, it was required to undergo public consultation in accordance with Article 8 of the Law on IMC.
Based on this assessment, the Court found that adopting the regulation without any public consultation with stakeholders constituted a serious violation of the principles of transparency, public participation, and the rule of law. IMC’s restrictive interpretation of public consultation was deemed inconsistent with both the spirit of the law and European standards for transparency. The Court emphasized that no practical necessity could justify issuing an unlawful act.
KLI had also highlighted in its lawsuit that the unlawful amendment of this provision had produced further illegal consequences, including the unlawful election of the new IMC Chairperson. This matter will now be addressed by the Basic Court in Pristina – Administrative Department.
The Supreme Court ruling confirms that institutional autonomy is not unlimited and that every public institution, including IMC, is obliged to act strictly within the legal competencies defined by law. Exceeding these boundaries constitutes a violation of the principle of legality and generates institutional uncertainty.
In this context, KLI reiterates its commitment to vigorously defend public interest, constitutional compliance, and the rule of law in every instance where transparency and institutional accountability are undermined.