The Constitutional Court of Kosovo has declared invalid the judgment of the Supreme Court that annulled the Regulation of the Prosecution Council of Kosovo regarding the mandate of the National Coordinator for Combating Economic Crime.
The case was initiated by the Prosecution Council of Kosovo, which had requested the evaluation of the constitutionality of the judgment of the Supreme Court of July 14 2025.
The Constitutional Court unanimously decided to accept the request and concluded that the Supreme Court had violated the right to trial fair and impartial and violated the constitutional independence of the KPK. As a result, the judgment of the Supremes was declared invalid and the case was returned for reconsideration.
The dispute was related to the changes that the KPK made in 2025 in the Regulation for the National Coordinator for Combating Economic Crime. With the new regulation, the mandate of The coordinator was appointed for a three-year term with the possibility of re-election for another mandate after the positive evaluation of the work.
Prosecutor Shqipdon Fazliu, who exercised this function since 2013, sued the KPK, claiming that the changes were made retroactively and violated his position. The Supreme Court had approved the lawsuit and repealed the new regulation.
However, the Constitutional Court assessed that the Constitution and the Law on the Prosecutorial Council do not oblige the KPK to consult with other institutions for internal organization or for the appointment of prosecutors in certain positions. According to her, the KPK enjoys institutional independence in these matters, as long as it acts in accordance with the Constitution and laws in force,
The court also emphasized that the post of the National Coordinator did not have a mandate clearly defined by the previous legislation, therefore the imposition of a three-year mandate could not be considered a limitation of an existing mandate guaranteed by law.
In conclusion, the Constitutional Court concluded that the Supreme Court had made a wrong interpretation and application of the law, not meeting the standards of a fair trial. For this reason, it found a violation of the right to a regular judicial process and violation of the independence of the Kosovo Prosecutorial Council.
