Pristina, October 8, 2025 – On October 7, 2025, just a few days before the first round of local elections scheduled for October 12, 2025, the caretaker Government approved several decisions with significant financial implications and clear electoral effects.
Among these is the addition of a new measure under Economic Revival Package – the Student Mobility Grant, valued at €20 million. During the same session, the Government also decided to allocate a one-time payment of €100 for students, with an estimated total cost of €6 million, and approved €1 million for food vouchers for families in need. Another decision involved reviewing the expropriation request for properties affected by the project “Construction of Vitia Connection to Arbër Xhaferi Highway (Pristina-Hani i Elezit)”, worth around €3 million. In addition, the Program for the Protection of Vulnerable Electricity Consumers was also approved.
KLI acknowledges the importance of providing financial support to vulnerable groups in Kosovo. However, in a democratic society governed by the rule of law and principles of good governance, every government decision must be grounded in law and made in accordance with legal procedures.
According to a ruling of the Supreme Court, both the Constitution and the Law on Government prohibit any individual from serving simultaneously as a Member of Assembly (MA) and as a member of the Government. If a minister is elected as an MA, they must resign from their ministerial position before the certification of the elections. Although a caretaker government may continue to function, it cannot include individuals who also hold seats in parliament. The Supreme Court previously declared an administrative instruction of the Ministry of Finance unlawful because it has been signed by a minister who was, at that time, also an MA.
In yesterday’s case, by acting in their official capacities and unlawfully exercising their public duties, MA Kurti and several other MAs of the Assembly of Kosovo, acting as the caretaker Prime Minister and ministers, approved and issued decisions that exceeded their constitutional and legal powers. Due to this legal and constitutional incompatibility, any decision made by individuals who simultaneously hold the position of MA and acting minister is unlawful. Consequently, the decisions made yesterday are unlawful.
Moreover, these decisions exceed the scope and responsibilities of a caretaker government. The Law on Government clearly states that “a caretaker government shall perform only essential and planned activities foreseen in the Government’s Annual Work Plan and the annual budget law.” In this specific case, the decisions taken were not part of the Annual Work Plan nor foreseen in the annual budget law. Therefore, these actions go beyond the limits of a caretaker government and constitute unlawful decisions made without legal competence or authority.
Furthermore, the timing of these decisions, just five days before the local elections in Kosovo, raises suspicions of abuse of official duty and misuse of public funds for electoral purposes, acts which are criminally punishable. Article 414 of the Criminal Code of the Republic of Kosovo states: “An official person who, by misusing their official duty or authority, exceeds their competencies or fails to perform official duties with the intent to obtain any benefit for themselves or for another person, to cause harm to another person, or to violate another person’s rights, shall be punished by imprisonment of one (1) to eight (8) years”.
The unlawfulness of decision taken merely five days before the first round of local elections raises reasonable suspicions that they were made to politically favor the ruling party or its candidates running in the local elections scheduled for October 12, 2024. This indicated that these actions may have been intended to influence voters and secure additional votes for political entity unlawfully represented through the caretaker government. In doing so, an “undue benefit” is created for the ruling party or its candidates competing in most municipalities.
The intent (mens rea) element of this criminal offense is further supported by the fact that decision is further supported by the fact that decision-making continues despite the Supreme Court’s clear finding that certified MAs are not permitted to act or make decisions as members of the Government.
Therefore, the decision-making of October 7, conducted in excess of legal authority, in violation of proper procedures, and on the eve of elections, raises serious concerns that all elements of the criminal offense of abuse of official position or authority may be fulfilled.
In light of these public suspicions regarding potential criminal conduct, KLI calls on the Special Prosecution Office of the Republic of Kosovo to address this matter within its legal powers and responsibilities.