The incumbent government opposes the Supreme Court's decision to repeal the Administrative Instruction: Arbitrary, politically motivated

News

Express newspaper

15/07/2025 19:41

The acting Government of the Republic of Kosovo has reacted to the recent decision of the Supreme Court, which has repealed Administrative Instruction No. 01/2025 relating to the use of electronic fiscal devices and software. According to the Government, the Court's reasoning that the act was adopted by a government and acting minister without legal competence is unfounded and constitutes a one-sided interpretation.

The official response states that the Law on the Government does not prohibit the acting government from issuing sub-legal acts and that the restrictions relate only to major issues such as international agreements or new draft laws. Furthermore, the Government emphasizes that the procedure for drafting this Instruction had begun in November 2024, when the Government had a full mandate.

"The Supreme Court's decision is fragile both in logical and constitutional terms, due to the fact that it itself recognizes the existence and functioning of the Government in office, but at the same time denies its right to exercise a power that is not prohibited by law," the statement says.

The government also recalled that according to a ruling of the Constitutional Court, the Assembly of Kosovo has not yet been constituted as a functional body, therefore there is no functional conflict between the position of the acting minister and that of the deputy.

“…. As a result of the failure to elect the President and Vice-Presidents, the Assembly has failed to be constituted and consequently it has not been functionalized as a representative body with legislative, decision-making and supervisory powers as defined by the Constitution.” This Judgment has clearly established that the new Assembly has not yet been constituted, because the Constitutive Session cannot be considered completed without the election of the President and Vice-Presidents of the Assembly,” the reaction states.

Government institutions have warned that they will use all available legal means to restore legality and democratic standards, while they have demanded from justice institutions that decisions be based on the law and not on politically motivated interpretations.