Constitution recognition seeks cease strikes, court decision on salaries respected

Thus estimates Kosovo Constitution connoisseur Mazum Baraliu until it is amazed why the Constitutional made a quick decision and suspended the whole law, which was adopted in February of this year, and not in part as the ombudsman institution had initiated.

Baraliu even claims that even if new institutions were formed on December 24th, as has been warned, interference with the court's decision would be intervention in the justice system.

University Professor Baraliu has stressed that by means of this decision, the Constitutional Court has sought the Venice Commission's opinion and to make a final decision, what the Constitutional Court seems to need even the expertise of this commission.

It's important that the Law as a whole is being suspended not in part because the ombudsman in his parliament has applied for certain provisions rather than for the integrity of the law. As it may be, the Constitutional Court's decision, constitutional decisions are binding for every physical and legal person to be respected as a whole. There is no other instance of complaint, so I appeal to all the unhappy or those who claim that something is not right with this procedure initiated by the ombudsman, because it is his right guaranteed with the Constitution. So the ombudsman has exercised a constitutional authorisation at the request of the interested parties and the court has made a constitutional and legal decision under law and Constitution”, Baraliu says.

The Kosovo Constitution's recogniser adds that if the Constitution acts in the spirit of the ombudsman's presumption that, in part, some of the provisions contradicted, it has been possible for the law to be implemented in its entirety and where mistakes have been made or where there are claims of mistakes for inequality or as some unions have claimed for discrimination, then only that part will have to be addressed. According to him, since the court in this case has taken the measure of general suspension of the law, it means all its provisions from the first to the last are suspended to be implemented by the court, which is March 30th of next year.

Baraliu, asking the unions to respect the Constitutional decision, says the final decision on the Law of Salaries should be expected because it may be in their favour.

We all respect it, don't let strikes and protests happen, because it would hurt the learning process. A lot of learning has been damaged earlier, and it suits no one for this limited period of time to do more damage again. It is good to take into account all the disgruntled, that if there is a final decision by the Constitutional Court that the Law is in accordance with the Constitutional Court, then I think there's going to be rights to each one in a retroactive way from December 1st, when it's pre-emptive for this law to take on wages with an increase of”, he says.

Baraliu says even if the assembly and the government were established on December 24th, the intervention to the constitutional decision, would be intervention in justice, while adding that the Constitutional Court would re-evaluate the law as a whole, all its provisions, and make a decision that should be strictly observed without interference, and that anyone who intervenes would be involved in the leaderships of the Constitutional Court and the justice of the Constitution.

“Since the procedure has been initiated and since a phase of the procedure has been launched and is completed with the temporary extent of the suspension, then I think it would be intervention even if the new assembly and the new legislature were formed in 24 of this month as warned, the intervention on this issue would be interference to constitutional justice and justice”, Baraliu claims.

Otherwise, the public sector wage law has been adopted in the second reading at the Kosovo Assembly in February 2019, and is beginning to apply on December 1st of this year, but after presumption on 35 complaints of various subjects, the Ombudsman had initiated certain provisions of this law for interpretation at the Constitutional Court, where it issued its ruling within the week for suspension of the law in general until March 30th 2020.

While, university professor has demanded the formation of new institutions as soon as possible by political parties, which are in negotiations not to have any economic collapses or impacts on the country.