SBASK insists on canceling the missing hours replacement decision

The Constitutional Court in Pristina, the Department for Administrative Affairs, on May 14, 2019, had rejected the SBASK indictment as unequivocal, leaving its decision on replacing hours lost in the strike case.

But, following a complaint against this SBASK-profession, the Court of Appeals had broken the act of first degree, adopting the indictment as based and turning the case into restoration, reports the “Justice Vought”.

During the hearing held Thursday at the Constitutional Court in Pristina, the SBASK representative Blendor Shatri, who has declared that he lags behind this indictment, demanding the annulment of the August decision, which he has called unbased in the law.

He has proposed to the court that after administration of evidence, based on legal provisions, this indictment would approve and the August decision to cancel as completely unsubstantiated in the law.

This reason that, according to him, the SBASK considers that August has the right to make decisions, but these must be based on legal provisions.

In the concrete case, according to him, replacing hours lost in strike, there is no legal law and provision in the Republic of Kosovo.

At this session, no one from August has introduced, although the same were well invited for the session, and the absence had not reasoned.

After the test management, the final word has been given, where SBASK representative Blendor Shatri, has declared that in terms of administrative instruction delivered, according to him the legal base he was issued.

According to him, since the legal basis of this instruction has been abolished, administrative instruction should also be considered abolished or unbased in law.

For the end, he has added that he stands on the whole next to statements with the proposal that the August decision be completely annulled as groundless.

Judge Arjeta Sadiku has said that after the outcome of the trial in this case, the parties will be announced over time regarding the verdict.

Otherwise, the Constitutional Court in Pristina, the Department for Administrative Affairs, on May 14, 2019, had refused the SBASK indictment as unsubmitted, ending its ruling on replacing hours lost in the strike case.

But, after a complaint against this SBASK-procedure, the Court of Appeals had broken the first degree of justice, through the act of decision it had approved the plaintiff's indictment as based, and the case had turned it into a restoration.

The appeal had found that the indictee's decision is unfounded in the law, and it does not contain mandatory legal references.

The court's <x0.>Colegy of this court's legal views of the First Court cannot support both fair and legal reasons for the reasons on which the crucial facts regarding the way to establish are inconsistent and contrary to the facts that highlight the prosecution in complaint, because it is an undeniable fact that the Court of the first century has decided to enforce material right wrongly, just as the indicted body” is said among other things in Apel's decision.

While the first-instance court had rejected the plaintiff's indictment as unfounded, leaving the August decision in force.

In the decision of this court, which has provided “Justice Trust”, it was said that the August decision is fair and legitimate and that compensation of lost hours for the strike is aimed at educational development of students and their social and professional skills, in line with the general principles of pre-university education laid down with the Law on Pre-Inventional Education.

This act was taken by Judge Arjeta Sadiku, where the verdict is said to be SETimes is not unjust to the plaintiff, nor to punish, nor to those who have been charged with such a decision.

The indictment in this case was exercised after August 27th, 2019, had made a decision to replace lost hours due to the temporary break of teaching in pre-public education institutions as a result of the strike.

The August decision said that lost hours would be replaced five days during spring break, five days during the school year, and in five days replaced after the end of the school year.

But against that ruling there was the SBASK, where, through the indictment exercised in court on March 4, 2019, he had sought to annul this decision, claiming it was illegal.

Despite the indictment party's claims, the court has put in place the agreed verdict, with the argument that the same is based on the Law for Pre-university Education, and that August is largely responsible for standards planning and ensuring quality in the pre-university education system.

Moreover, the first - degree bias stated that in the inability to compensate for unmet hours, the teacher is obliged to find the proper form for the realisation of the respective learning objectives.

According to the court, compensation for the hours is the responsibility of the teacher himself, which in the concrete case with the indictment's decision has been determined the form of compensation of lost hours.

“Mbi this base, the court estimates that the indictment-hit indictee's decision is a fair and legal one, because the same has been taken after proving all relevant facts, confirming the legal provisions in force” was said in the act of taking on May 14th of this year.

Otherwise, according to the indictment exercised on March 4th, 2019, the United Education, Science and Culture Union (SBASHK) has called for the annulment of the Ministry of Education, Science and Technology's decision (MASHT) to replace hours lost in the strike case.

This was after the SBASK decision of January 10th, 2019, all educational institutions in Kosovo had been on strike from January 14th, demanding increased wage cofficiency under the Law for Salaries.

Linked to lost hours to strike, August, February 27, 2019, had ruled on replacing hours lost in the strike, where, according to this decision, lost hours will be replaced five days during spring break, five days during the school year and in five days replaced after the end of the school year.

But with such a decision, the SBASK did not agree, as according to this union, this decision had been contrary to the Law on Gravas and the Kolektive Education Treaty in Kosovo.

Disgusted with that decision, the SBASK had exercised indictments, with which cases it had been requested by the Constitutional Court in Pristina, the Department for Administrative Affairs, annulment of this decision.