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KDI: The blockade in the Parliament has seriously violated the institutional functioning and constitutional order

Eugene Cakolli

The Kosovo Democratic Institute (KDI) has warned of serious constitutional and institutional consequences as a result of the blockade in the Kosovo Assembly, which has entered its fourth month without a functional solution.

In an analysis published on Thursday, KDI emphasizes that the current situation no longer constitutes simply a post-election crisis, but a deep institutional disorder that endangers the functioning of democracy and violates the country's constitutional order.

During the press conference, KDI representative Eugen Cakolli stated that the failure to constitute the Assembly has created an unprecedented institutional vacuum, leaving citizens without political representation, while the incumbent Government acts without parliamentary oversight and independent institutions are beyond any democratic control.

"The Assembly is not simply a legislative institution. It is the foundation of Kosovo's constitutional order. Without a functional Assembly, citizens have been excluded from decision-making and the state has entered a phase of pause," Cakolli said.

According to KDI's analysis, failure to respect the 30-day deadline for the constitution of the Assembly, set by the Constitutional Court, constitutes a clear violation of the constitutional order and undermines the principle of implementing the Court's decisions as final and binding.

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During this period, according to KDI, the incumbent Government has undertaken decisions with major political and financial impact – including over 70 million euros in budgetary commitments – outside its mandate and without the control of the Assembly, in violation of the Law on Government.

"Decisions have been made to allocate subsidies, establish permanent committees, and make personnel changes to public boards, without institutional discussion and outside of any oversight filter," the reaction continues.

KDI points out that important reforms such as vetting and the Civil Code have remained pending, while five draft laws on justice reform are blocked. The ratification process of international agreements, including those with the International Monetary Fund, the World Bank and the European Union, through the Growth Plan that provides around 800 million euros in aid for Kosovo, has also been completely interrupted.

According to the institute, more than 20 independent institutions, with an annual budget of 59 million euros, have been left without parliamentary oversight. Their reports for 2024 have not been reviewed, while some boards remain dysfunctional, increasing the risk of political interference and misuse of public funds.

According to the report, Kosovo has effectively functioned without an Assembly for about three months, excluding citizens from representation, oversight and institutional decision-making. This, according to KDI, severely undermines the legitimacy of institutions and public trust in the democratic system.

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In conclusion, KDI called on all institutions and political actors to act without delay in accordance with the decisions of the Constitutional Court and the spirit of compromise. It also demanded a full audit of the decision-making of the acting Government during this period of blockade.

You can find the full report here: https://kdi-kosova.org/publikimet/bllokada-ne-kuvendin-e-kosoves-dhe-cenimi-i-integritetit-institucional/