In the first instance, Besim Kelmendi failed to suspend the decision of the Prosecutorial Council to dismiss him from the position of Chief State Prosecutor. Following the decision of the Basic Court, Kelmendi appealed to the Court of Appeal.
The Basic Court in Pristina has rejected Besim Kelmendi's request for the imposition of a temporary security measure and for the suspension of the decision of the Prosecutorial Council, by which he was dismissed from the position of Acting Chief State Prosecutor.
The decision, which was published by "Oath for Justice", was made on December 4 by Judge Valbona Gjonbalaj, after the Court found that the legal conditions for imposing the requested measure were not met.
Kelmendi's lawyer, Flakron Sylejmani, announced an appeal in the second instance.
"After receiving the ruling of the Basic Court in Pristina, which rejected the request for the imposition of a security measure, we will file an appeal with the Court of Appeal, in accordance with the procedural provisions and legal deadlines in force. The merits procedure remains open and under review," he said.
And, in the reasoning of the decision, the court emphasized that for the imposition of a temporary measure, two cumulative conditions must exist: real, serious and irreversible damage to the plaintiff and the absence of violation of the public interest.
According to the court, Kelmendi failed to prove the existence of irreparable damage, as the position of acting chief prosecutor is temporary and its loss can be legally compensated with a final decision - reinstatement or material compensation.
However, Kelmendi's lawyer insisted that the reasoning given by the court does not fully reflect the standards of Article 100 of the Law on Administrative Conflicts, especially in the part related to the risk of irreversible damage and the institutional weight of the function exercised by the party.
"These elements are crucial at this stage and require special and substantial treatment. The position of Acting Chief State Prosecutor is a function of particular institutional importance and the termination of the exercise of this position, before a meritorious decision, creates consequences that cannot be recovered by subsequent legal means, even in the event of approval of the lawsuit," emphasized Sylejmani.
KPK Chairman Ardian Hajdaraj, Deputy Chairman Jehona Grantolli, and members Jetish Maloku, Ariana Shakovci, and Milot Krasniqi dismissed Besim Kelmendi at the November 20 meeting and replaced him with Agron Qalaj. Five other members, including Kelmendi, left the meeting that day. The decision was also contested by international institutions, which raised the alarm that the recent decisions of the 5 KPK members aim to hinder the reform scheduled to begin at the beginning of the year.