When a government distributes public money on the eve of elections, the line between social policy and electoral influence becomes blurred.
In Kosovo, this limit was tested again after the recent decisions of the acting Government of Albin Kurti on a series of social support measures, on the eve of the early parliamentary elections on June 7.
In the days before the election campaign opened on May 28, she allocated 100 euros each as one-time support for pensioners, students, children and workers; increased support for mothers to 500 euros; and allocated two million euros in subsidies to airlines to make it easier for migrants to fly during the summer.
Such ad hoc support was also provided on the eve of the last elections, in 2025.
The decisions prompted criticism from civil society and the opposition, which characterized the actions of the incumbent government as an attempt to "buy votes."
Current laws in Kosovo do not explicitly prohibit a government from distributing social assistance or subsidies during campaign periods or on the eve of elections.
What changes can be made?
Naim Jakaj, a researcher at the Kosovo Institute for Law (IKD), tells Radio Free Europe that it should be clearly defined by law that, after the announcement of the election date, the incumbent government should not and cannot make decisions on the allocation of new financial packages for certain social categories.
The incumbent government, according to the principle of limiting its actions, should exercise only necessary functions, and continue implementing policies initiated or planned in advance, he assesses.
Jakaj says that "it should not have the space to, through special decisions, transfer public funds to certain categories, if these funds are not clearly planned and if the decision could produce an electoral effect."
For this reason, he underlines, it is necessary to create a "fiscally neutral" period before elections, during which a government cannot announce new financial measures or subsidies, as any such intervention creates inequality in the electoral race and risks the public budget being used for electoral influence.
Also, he advises, a code of conduct is needed for the Government during the election period, especially for the use of state resources, such as official vehicles, fuel, etc., so that the governing party does not have an advantage over other parties.
The current Election Law does not specify whether decisions like these by the incumbent Government, on the eve of the start of the election campaign, are unlawful.
Since the Central Election Commission (CEC) has no direct role in controlling the government's public spending, as its mandate is mainly related to the administration of the electoral process, Jakaj says that the Anti-Corruption Agency should have a more active role in assessing conflicts of interest and misuse of state resources during the campaign.
Also, according to him, the National Audit Office should conduct a special inspection of public spending in the pre-election and election period, especially subsidies and ad hoc government decisions.
In April, the KLI submitted to the Parliament a legislative initiative to amend and supplement the Criminal Code, where one of the main areas is related precisely to the criminalization of the misuse of public money for electoral gain during election and pre-election periods.
When aid is linked to elections
The Organization for Security and Cooperation in Europe (OSCE) and the Council of Europe's Venice Commission said in 2016, through a guideline, that state laws should guarantee clear and enforceable prohibitions against the use of the state budget and infrastructure for electoral gain.
According to the guide, the misuse of public funds is a consolidated and widespread phenomenon in many European countries, and misuse occurs throughout the electoral process, and not only during the official election campaign period.
For example, in a 2022 report, the OSCE observation mission found that the incumbent government in Serbia introduced a series of financial schemes to attract specific voter demographics shortly before that year's parliamentary and presidential elections.
She distributed one-time payments of 100 euros to young people, and payments of 2.500 euros to newborns.
The OSCE said that, while the state claimed these were public welfare measures, their timing and distribution in an unplanned and exceptional manner were contrary to the recommendations of the Venice Commission.
How did Kurti justify his decisions?
The acting Prime Minister of Kosovo has rejected criticism that decisions on financial support from the Government during elections are "vote buying".
Reacting specifically to the 2 million euro subsidy for airlines, Kurti said on May 27 that he did this to avoid the possible cancellation of flights in August and July due to rising fuel costs, but without providing evidence.
Support for migrants is included in the Economic Recovery Package, initially approved in 2021, but it does not specify subsidies for airlines.
The Ministry of Finance has not responded whether the airline subsidy was previously foreseen, or whether it will be long-term support.
The incumbent government implemented the maternity allowance at the new, increased value of 500 euros on May 24, more than a month before the 500 euro minimum wage came into effect.
Kurti did not explain why he avoided the reception until July./REL
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