The Kosovo Law Institute (KLI) has announced that it has accepted the decision of the Basic Court in Pristina - Department for Administrative Matters, regarding the lawsuit initiated against the Independent Media Commission (IMC), which declared the decision of January 17, 2025 for the election of Besnik Berisha to the position of Chairman of the IMC illegal.
The Basic Court's judgment states that the IMC's claims regarding its constitutional and organizational independence were not accepted. According to the Court, the independence of independent institutions does not imply exemption from the application of the law.
“The independence of independent constitutional institutions implies protection from external interference in the exercise of their functions, but does not imply exemption from the obligation to implement the law,” the Court's decision states.
KLI had requested through the lawsuit the repeal of the amendments to the IMC Rules of Procedure, as well as the declaration of the decision to elect the Chairman as illegal. This case had previously been won in the Supreme Court, which had declared the amendment to the IMC Rules of Procedure illegal.
According to the KLI, today's decision of the Court of First Instance constitutes an important success in protecting the legality and regular functioning of the IMC, strengthening public trust in this independent constitutional institution.
IKL welcomed the decision, emphasizing that it will continue to advocate for both the protection of the independence of the IMC from external interference, as well as for the respect of internal legality, which, according to them, has not been respected in this case. /Telegraph/
