Prishtina, 22 December 2025 – The Kosovo Law Institute (KLI) has today received the judgment of the Basic Court in Prishtina – Administrative Matters Department, concerning the lawsuit initiated against the Independent Media Commission (IMC). Through this judgment, the Court declared unlawful the decision of 17 January 2025 appointing Mr. Besnik Berisha as Chairperson of the IMC.
In its judgment, the Basic Court explicitly rejected the IMC’s arguments regarding its constitutional and organizational independence. According to the Court, “the independence of constitutionally independent institutions implies protection from external interference in the exercise of their functions, but it does not exempt them from the obligation to comply with the law.”
Through its lawsuit, KLI sought the annulment of the amendments to the IMC Rules of Procedure, as well as a declaration that the IMC’s decision on the election of its Chairperson was unlawful. KLI had previously succeeded in this case before the Supreme Court, which declared the amendments to the IMC Rules of Procedure unlawful. Today’s decision by the court of first instance represents an important achievement in safeguarding legality within the IMC and addressing the institution’s unlawful actions.
KLI welcomes this decision of the Basic Court in Prishtina, which, by approving the lawsuit filed by KLI, declared unlawful the decision concerning the election of the IMC Chairperson. Following the Supreme Court’s earlier ruling, this judgment constitutes another significant victory for the protection of legality in the work of the IMC.
As it has consistently advocated for the protection of the IMC’s independence from external interference, KLI will continue to advocate for the protection of the institution’s internal legality, which was not respected in this case. The actions of the IMC undermined both legality and public trust in this constitutionally independent institution. This legality was ultimately upheld by the courts through decisions declaring unlawful the acts adopted by the IMC itself.