Constitutional Court Could Call for Disadmission of the Law on Salat

Constitutional Court Could Call for Disadmission of the Law on Salat

The acting minister of the Public Administration (MAP), Mahir Jagcilar, said the new Law for the Salaries, suspended by the Kosovo Constitutional Court, will completely regulate the public administration system from terms of operation, but also payments. He in an interview for Online Economy said there has been no law so far [...]

He in an interview for Online Economy said there has been no fundamental law as far as the Law of Salaries is concerned, but only regulations on decisions and many other cases concerning payments.

He said he is currently a larman in the wage system.

“I am hopeful that with the decision and the making of all decisions regarding the Law of Salats and the Law on Public Officials the entire public office system will be regulated by the functioning of the public administration, but also by the aspect of benefits for workers in the Public Administration for All Benefiters from the Kosovo Republic's @1x) budget, he told Online economy.

Yagcilar said he cannot prejudge the Constitutional Court's decision, but there is the possibility that it will be required to have the independence from the Kosovo Assembly in order to become a law that needs to be accepted by all.

Now we can't prejudge because there are cases when the Constitutional Court has suspended several articles of certain laws earlier. There is a possibility that this way it will either be done or that the Assembly of Kosovo will also be done that way, it will be completed and it will be a law that I have to accept from all parties or interested persons or beneficiaries from the budget of the Republic of Kosovo”, he told Online Economy.

The recogniser of constitutional issues, Mazum Baraliu, says that if the Constitutional Court disputes certain provisions then the law could start operating, but according to him, retroactively.

Of course, if certain provisions are only contradicted by the Constitutional Court, the law can begin to act and I think it would have to act retroactively, so the law would have to be as pre-confronted and announced in the official notebook that entered into force on December 1st, it would have to be that all the citizens who are employed and they belong to salaries under that law, so public officials would have to take salaries with growth from December 1st”, Baral for Online Economics.

He said if this Court completely disputes the law then it remains the incoming Government to proceed with a new bill.

The “then depends on what the Constitutional Court decision will be, if the whole law is rejected then certainly it would have to begin the new government to proceed with a draft law from the beginning towards the Parliament, and the Parliament would need a lot of responsibility and correction, not as the last time it has actually changed many columns, the supporting pillar of this law by claiming to take votes towards different budgetary organisations and institutions to accommodate one party for one institution, the other for the very least irresistibly, irrationally, without professional and scientific analysis, he said.

The Constitutional Court has temporarily suspended the Law for the Salaries under request from the ombudsman. The law will be suspended until 30 March of this year.

The ombudsman had complained after accepting a total of 35 individual complaints by various subjects of the public sector and having assessed that he is in the <x0nd interest of the complainers, but also the public, so that the Court will assess whether the controversial Law affects the legitimate interests of these complainers.

 

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