Pristina, 10 September 2025 – The Kosovo Law Institute (KLI) had published a report on unlawful governance and widespread use of “acting” positions during the Kurti II Government.
The Constitution and the Law on Government clearly prohibit an individual from simultaneously holding the position of Member of Assembly and member of the Government. Nevertheless, most acting members of the Government have continued to exercise both functions, in violation of the Constitution and the Law. The illegality of this practice had been confirmed by the Supreme Court. However, instead of implementing the ruling, the Government not only ignored it but publicly attacked the judges.
The refusal of acting government officials, who are also Member of Assembly, to vacate their offices has had wide-ranging consequences. Beyond undermining the rule of law in Kosovo, this situation has damaged Kosovo’s reputation with international partners, some of whom have made clear that they will not meet with the Acting Prime Minister or ministers inside the Government building until a fully mandated government is in place. Furthermore, under the Supreme Court ruling, all decisions taken by government members who simultaneously serve as Mas are unlawful. Since it is practically impossible to challenge each individual decision, this situation saturates the legal order with unlawful acts. This also entails potential criminal liability, which is currently being examined by the Special Prosecution of the Republic of Kosovo (SPRK). Moreover, the situation risks having implications for the election of the new Speaker of the Assembly.
At the same time, the Kurti II Government has been marked by extensive reliance on “acting” positions. A large number of posts have been held for years by acting officials, without the regular recruitment procedures being carried out. The Supreme Court has emphasized that anu position held in an acting capacity beyond the legal deadline is unlawful, and decisions issued under such circumstances are invalid.
This practice, contrary to international standards of good governance, has undermined meritocracy, paralyzed the normal functioning of institutions and increased the potential for corruption. KLI stresses that acting appointments should remain a rare exception, while merit-based recruitment processes must become the rule.
The published report can be found at this link.