Prishtina, 10 November 2025 – The Kosovo Law Institute (KLI) strongly condemns the unlawful, arbitrary and abusive decision taken by a group of members of the Kosovo Prosecutorial Council (KPC), who, in the absence of a quorum, issued a decision to dismiss the Acting Chief State Prosecutor, Mr. Besim Kelmendi. This decision comes at the very moment when the new KPC reform, aimed ay dismantling corporatism within the institutions, has begun to produce its first effects.
The decision to remove Mr. Kelmendi represents an effort to preserve a corporatist composition and maintain control over the prosecutorial system by a long0entrenched interest group operating within it.
At Thursday’s KPC meeting, member Jehona Grantolli proposed the dismissal of the Acting Chief State Prosecutor. In response, five (5) KPC members walked out of the meeting, leaving the Council without a quorum required for decision-making. Following this, the Chir of the KPC, Ardian Hajdaraj, confirmed the lack of quorum, declared the meeting closed, and the livestream was terminated.
However, after the meeting had officially closed and the broadcast ended, the remaining five (5) KPC members, who do not constitute the quorum required for decision making, returned to the meeting room. Despite lacking any legal basis to convene, they issued an unlawful arbitrary decision to dismiss the Acting Chief State Prosecutor and appoint another Acting Chief State Prosecutor in his place.
This manner of action is not only illegal; it amounts to an overt and literal capture of the institution.
Given that the current composition of the KPC requires at least six (6) members for a quorum, and without which no meeting or decision-making can take place, holding a meeting and issuing decisions to dismiss and appoint an Acting Chief State Prosecutor in the absence of quorum constitutes an abusive act by a faction of KPC members who neither hold the majority required to convene meetings, let alone to make binding decisions.
Under the amendments to the Law on the KPC, the Council’s composition will be reduced from 13 to seven (7) members. This reduction is intended to occur gradually, preserving the mandates of all sitting members. In January 2026, the mandates of five (5) KPC members will expire. With the prosecutorial system having elected one new member on 1 November 2025, the KPC’s composition will then be reduced to six (6) members, with one (1) additional member still to be appointed by the Assembly of the Republic of Kosovo.
Four out of the five members who today unlawfully and abusively dismissed the Acting Chief State Prosecutor will see their mandates expire in January 2026. Given this context and the ongoing discussions within the KPC about selecting a new member, these actions constitute an open attempt by an internal interest group to preserve the corporatist composition that has dominated the institution for over a decade.
The European Union Office (EUO) had previously warned the KPC about such developments, stressing that if situations such as today’s were to occur, the EU would consider the KPC and its members as deliberate and direct obstructers of the much-needed justice reform.
“While we await the entry into force of the new law and the upcoming Venice Commission review in June, I have been informed of concerning developments. I understand that there are discussions about coordinated early resignations of Council members to maintain the current unbalanced composition of the Council and delay the implementation of the reform. I also understand that discussions are underway regarding the possible replacement of the Acting Chief State Prosecutor before the new law enters into force. It is clear that such initiatives would undermine the purpose and effectiveness of the new legislation and, consequently, the rule of law. Should these initiatives proceed, the EU will consider the KPC and its members as deliberate and direct blockers of the much-needed justice reform,” stated Ambassador Aivo Orav in his letter of 28 May 2025 addressed to KPC members.