Following the dismissal of the Acting Chief State Prosecutor, Besim Kelmendi, the Kosovo Prosecutorial Council appointed prosecutor Agron Qalaj to this position, a decision that has opened a series of internal discussions and legal controversies in the meetings of the Kosovo Prosecutorial Council.
At today's regular meeting, the Chairman of the KPK, Ardian Hajdaraj, read a letter sent by Council member Veton Shabani, who expressed concern about, as he said, "the situation outside the framework of legality", created after the decision to dismiss Kelmendi.
In his letter, Shabani emphasized that after the meeting held immediately after Kelmendi's dismissal - the former chief prosecutor himself had informed him that he had filed an appeal with the Supreme Court, in accordance with Article 5 of Law 06/L-057.
According to Shabani, this appeal produces a suspensive effect, which means suspension of the implementation of the decision until the court makes a final decision.
"Prosecutor Agron Çalaj should not have participated in that meeting, as the law clearly defines the suspensive effect of the decision. An appeal against a KPK decision has a suspensive effect and stops the implementation of that decision until it is reviewed," his letter states.
Shabani accused the chairman of allowing Çalaj's participation in violation of the law, emphasizing that Kelmendi, not Çalaj, should have been invited to the meeting.
After reading the letter, Chairman Hajdaraj said that the situation is clear from a procedural point of view and that there is no interim measure that suspends the KPK decision, reports Telegraph.
"There is a decision and there is no interim measure. Legality must be respected and the KPK must continue to function," he declared, adding that there must be respect for both former Chief Prosecutor Kelmendi and Acting Chief Prosecutor Çalaj, who has already taken office.
He also explained that Kelmendi's dismissal is not related to a disciplinary procedure, therefore, according to him, the provisions on the suspensive effect do not apply.
Next, Shabani asked the chairman again whether a complaint had been submitted by Kelmendi and whether it had a suspensive effect, but Hajdaraj said that "he clarified this issue in the last meeting."
Agron Çalaj himself also spoke at the meeting, defending the position that his participation is completely legal.
"According to the principles of administrative law, the decision produces immediate effect. The law does not provide for any form of postponement of the entry into force of decisions. The exercise of my mandate is not conditioned by any appeal procedure," he said.
He emphasized that in his capacity as Acting Chief State Prosecutor, he is an ex officio member of the KPC and that any request for his exclusion from meetings must be based on clear legal provisions.
Until such a decision is made, the KPK is continuing to work with Agron Çalaj as Acting Chief State Prosecutor, despite the objections of some members of the Council. /Telegraph/
