Prishtina, July 7, 2025 – During the Eighth Legislature of the Assembly of the Republic of Kosovo, there were significant delays in the appointment of both collegial and individual bodies for which the Assembly holds constitutional and legal responsibility. As a result of the Assembly’s inaction and the Government’s failure to submit timely proposals, numerous institutions have become non-functional or are operating with a lack of appointed members.
Although in certain cases the Assembly adhered to the prescribed procedures, it ultimately failed to complete the appointment processes in a timely manner and in accordance with constitutional and legal standards. Consequently, several institutional bodies remain without the required membership. Simultaneously, the Government has not demonstrated due diligence in proposing candidates within the established deadlines, nor has it taken adequate steps to ensure that appointments are free from political or partisan influence.
Primary responsibility for this institutional deadlock rests with the parliamentary majority of the previous legislature, which, despite having the authority to finalize these appointments, chose not to act—thereby neglecting its constitutional and legal obligations.
This failure to ensure the timely appointment of institutional members has carried over into the Ninth Legislature, which has not yet been constituted since April 15, 2025. As a result, the constitutional and legal functioning of institutions dependent on Assembly appointments has been entirely obstructed. The consequences of this institutional paralysis are already evident in the dysfunction of several bodies and are expected to become even more pronounced in the coming months due to the expiration of additional mandates.
The Kosovo Law Institute (KLI) has identified several institutions and independent agencies that are currently experiencing operational challenges, with others on the verge of institutional paralysis due to the Assembly’s non-constitution and the failure to complete essential appointment procedures.
Institutions currently non-functional or operating with incomplete membership due to Assembly inaction:
- Constitutional Court – Two judges remain unappointed since the end of 2024.
- Procurement Review Body – The position of Board Chair has been vacant since the resignation on August 12, 2024.
- Ombudsperson Institution – The mandates of four Deputy Ombudspersons expired on June 14.
- Independent Oversight Board for the Civil Service of Kosovo – Under the new law, ten new members must be appointed.
- Kosovo Property Agency – Commission for Property Verification and Adjudication – Two local members need to be appointed.
- Kosovo Pension Savings Trust – Two vacancies remain unfilled: the representative of employees and the representative from the business sector.
- Regulatory Authority of Electronic and Postal Communications – One member is pending appointment following a government proposal.
- Independent Media Commission (IMC) – Five member positions are vacant, rendering the Commission non-functional.
- Competition Authority – Two members resigned; replacements have not been appointed.
- Railway Regulatory Authority – Four members are missing; the authority is currently non-functional.
- Advisory Board on Environmental Protection – Seven positions are vacant, leaving the board inoperative.
- Review Commission of the Water Services Regulatory Authority – The Chairperson position remains unfilled.
- Board of the Public Enterprise KOSTT J.S.C. – Two member positions are vacant; appointments must observe gender quota requirements.
- State Aid Commission – The selection of the Chairperson and four members remains pending.
- Independent Commission for Mines and Minerals – Two members remain to be appointed upon government proposal.
- Public Procurement Regulatory Commission – The Chairperson position remains vacant.
- Appeals Board of the IMC – Two member positions are vacant, leaving the board non-functional.
Additionally, the following mandates are due to expire within 2025:
- The Ombudsperson’s mandate ends on September 28.
- The mandates of six members of the Kosovo Privatization Agency expire on August 6.
- The mandates of fifteen members of the National Science Council are set to expire in November.
The failure to appoint members to independent institutions gravely undermines institutional functionality and the rule of law. The lack of quorum necessary for decision-making renders these bodies incapable of exercising their legal mandates, creates institutional vacuums, and compromises the effective implementation of laws. This situation results in delays in the delivery of public services, interruptions in institutional oversight, and a weakening of accountability mechanisms in sectors of critical importance to the public.
Beyond the functional implications, this state of affairs erodes public trust in institutions and undermines the democratic order of the country. The failure of both the Assembly and the Government to fulfill their constitutional and legal obligations sets a dangerous precedent for the erosion of the rule of law and destabilizes the balance of the institutional system.
The Kosovo Law Institute urges the immediate constitution of the Assembly of the Republic of Kosovo and the prompt initiation of constitutional duties related to the appointment of members to independent institutions. This is an essential step toward restoring institutional order and reestablishing public confidence in the country’s governance structures.
The state cannot afford to remain in paralysis.