The researcher from the Kosovo Democratic Institute (KDI), Eugen Cakolli, has commented on the Supreme Court’s decision declaring unlawful an order issued by the acting Minister of Finance, Hekuran Murati, related to fiscal cash registers.
According to Cakolli, the Supreme Court has made it clear once and for all that “(former) ministers, who now hold mandates as MPs, can no longer exercise executive functions after the certification of results by the Central Election Commission (CEC).”
“Any decision made by them after March 27 is null and violates the Constitution, as well as the principle of separation of powers. The Court also confirmed that government members cannot make decisions because, technically, the current government no longer has the mandate to approve them,” Cakolli wrote.
Cakolli emphasized that “We have been saying this for months. However, the government insisted on acting as if this situation didn’t exist. The Prime Minister and ministers certified as MPs continued to make decisions – unconstitutional, illegitimate, and outside of any parliamentary oversight – turning the violation into practice.”
According to him, today, there are no more legal fabrications. “The Supreme Court confirmed what was clear from day one. You cannot sit in two chairs and pretend nothing is wrong. Every day spent in violation is damaging to institutions and citizens. Above all, it forms the basis for criminal prosecution,” he wrote.
It was reported that the Supreme Court has annulled the administrative instruction signed by the acting Minister of Finance, Hekuran Murati, which suspended for 60 days the sale and subscription of fiscal cash registers.
It is also stated that the Administrative Instruction, signed by the acting Minister of Finance on April 15 of this year, has been declared illegal.
The verdict was issued on July 7 by a panel of Supreme Court judges, chaired by Judge Delushe Halimi.
According to reports, the Supreme Court upheld the lawsuit filed by the companies Enternet and Service Global, which are engaged in selling and servicing fiscal cash registers.
The acting Minister of Finance, Hekuran Murati, also reacted to this ruling. According to him, “The fiscal cash register monopoly, which has imposed enormous costs on tax-paying businesses and was introduced during the time Bedri Hamza served as Minister of Finance, was set to end with the new Administrative Instruction, which would have paved the way for digital fiscal registers, as implemented in most countries in the region.” “However, today the Supreme Court, with Judges Delushe Halimi, Lumni Sallauka, and Franciska Zhitija-Ymeri, decided to annul the Administrative Instruction for digital fiscal registers. This absurd decision by the Supreme Court effectively halts the digitalization process and continues to burden businesses with enormous costs for outdated fiscal devices. As a result of this decision, businesses will continue to face annual costs of over 5 million euros,” Murati wrote on Facebook.
