Constitutional Court annuls Supreme Court ruling on National Economic Crime Coordinator

The Constitutional Court of Kosovo has declared invalid the judgment of the Supreme Court that had annulled the Regulation of the Kosovo Prosecutorial Council regarding the mandate of the National Coordinator for Combating Economic Crime.

The case was initiated by the Kosovo Prosecutorial Council, which had requested the assessment of the constitutionality of the Supreme Court's judgment of July 14.  2025.

The Constitutional Court unanimously decided to accept the request and found that the Supreme Court had violated the right to a trial.  fair and impartial and had violated the constitutional independence of the KPC. As a result, the Supreme Court's judgment was declared invalid and the case was returned for reconsideration.

The dispute was related to the changes that the KPC made in 2025 to the Regulation on the National Coordinator for Combating Economic Crime. With the new regulation, the mandate of the  The coordinator was appointed for a three-year term with the possibility of re-election for another  another term after a positive performance evaluation.

Prosecutor Shqipdon Fazliu, who had held this position since 2013, sued the KPC, claiming that the changes were made retroactively and violated his position. The Supreme Court approved the lawsuit and annulled the new regulation.

However, the Constitutional Court assessed that the Constitution and the Law on the Prosecutorial Council do not oblige the KPC to consult with other institutions on internal organization or on the appointment of prosecutors to certain positions. According to it, the KPC enjoys institutional independence in these matters, as long as it acts in accordance with the Constitution and the laws in force,

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 The Court also emphasized that the position of National Coordinator did not have a clearly defined mandate under previous legislation, therefore establishing a three-year mandate could not be considered a limitation of an existing mandate guaranteed by law.

In conclusion, the Constitutional Court found that the Supreme Court had misinterpreted and applied the law incorrectly, failing to meet the standards of a fair trial. For this reason, it found a violation of the right to due process and a violation of the independence of the Kosovo Prosecutorial Council.