The “in-office” position limits the Kurti Government in many aspects, according to the Law on Government adopted in 2022. In this article for the Albanian Post, experts in justice explain the decisions Kurti is allowed to take during his term in office and those he is not allowed to take.
On Thursday, March 27, the Kurti Government officially transitioned to the status of the caretaker government. This position, after four years in power, limits the powers of the prime minister and ministers, ranging from legal duties to the appointment of high-level positions. The amendment to the Law on the Government in 2022 stipulates that “the caretaker government shall carry out only the necessary and planned activities in the Annual Work Plan of the Government and in the annual law on the budget, with the exception of certain activities,” according to Article 31 of this law. Former Constitutional Court judge Kadri Kryeziu, in an interview with Albanian Post, explains what limits the prime minister’s “caretaker” status. He emphasizes that all his powers are limited by the Constitution.
“According to the Constitution, the Prime Minister is limited to sending laws to Parliament or proposing draft laws, signing international agreements, and does not have the right to dismiss ministers or senior officials.”
“These are the reasons that make a prime minister ‘in office’, as he is legally obliged to remain in office until a new prime minister is appointed. If he does not, he violates the law,” Kryeziu explained to AP. He underlines that the current government can only carry out technical work. “The government does not need to resign, but carries out some technical work, which are defined in the Law on Government.” Meanwhile, researcher at the Kosovo Institute for Law, Naim Jakaj, in a statement to Albanian Post, says that the Kurti Government, now in office, can only carry out unavoidable activities. “According to this law, the incumbent government can only carry out activities that are necessary or planned in the Annual Work Plan and the annual budget law,” Jakaj declared to AP.
However, there are many aspects where the decision-making of the incumbent government is limited.
“Exceptionally, it cannot conclude international agreements, propose constitutional amendments, draft laws, strategies or conceptual documents. Also, it cannot legislate new procedures for appointments to public positions for which it has jurisdiction under the laws. Likewise, it cannot make proposals for positions that require appointment by the Assembly,” he concludes.
What does the law say about the government? The government in resignation carries out only the necessary and planned activities in the annual work plan of the government and in the annual budget law, with the exception of the following activities: It does not approve the initiative for the conclusion of international agreements for which ratification by the Assembly is required. It does not approve draft constitutional amendments, draft laws, strategies and concept documents, it does not initiate new procedures for the appointment to public positions, for the appointment of which it is competent based on the relevant laws, and it does not propose candidates for positions for which appointment by the Assembly is required. It does not make proposals and does not initiate appointments of senior officials for which co-determination with the President of the Republic is required.
According to the Law on Government, the executive has the right to propose to the Assembly the approval of the Kosovo budget, with the exception of paragraph 1 under paragraph 1.2 of this article.
Whereas in the event of natural disasters, health or other emergency situations defined by special laws, the Government in resignation has the right to make an exception from paragraph 1, subparagraph 1.1 and 1.2 of this article, since this is justified by the need to manage such a situation and the decision-making of the Government is required. The Government in resignation carries out all actions for the conclusion of international agreements which are ratified by the President. According to the results of the parliamentary elections of February 9, the Vetëvendosje Movement has been confirmed as the first party with 42.3 percent of the votes won or 396 thousand 387 votes. This party has received 48 seats in the Assembly of Kosovo. The Democratic Party of Kosovo has received 20.95 percent of the votes or 24 seats. This party has secured 196 thousand 474 votes.
The Democratic League of Kosovo received 18.27 percent of the vote or 20 seats. The LDK collected 171 votes. The AAK-Nisma coalition came in fourth place with 357 percent of the vote or eight seats. AAK-NISMA collected 7.06.
