Downloaded Post Board sues Kurti Government

Former Central Public Company directors' funding “Kosovo Post” has indicted Kosovo's incumbent Government over the decision made by the latter to sack this board.

Former members of the Kosovo Post Directors' board, Halit Isufi, Hysen Fazliu, Rushan Ceka, Zelfija Plana, Nuhi Proveliu, Ylber Zabergja, who represents lawyer Mesar Selimaj on Tuesday, have submitted their indictment to the Department for Administrative Affairs, at the Foundation Court in Pristina.

According to the indictment, provided by the “Justice Vow”, members of the aforementioned former debt are seeking to annul the administrative act issued by the Government in Kosovo's office on April 2nd of this year, through which it had downloaded this board, while then nominated a temporary company board in question.

According to the indictment, the incumbent Government of the Republic of Kosovo has referred to the Constitution of the Republic of Kosovo, the Law for Public Enterprises with its changes, and the Audition Report for Public Enterprise “Kosovo Post” for the financial year completed on December 31st 2018.

According to the plaintiffs, however, the Government's decision is unfounded due to fundamental violations of the General Administrative Procedure Law and competent legislation for public enterprises in Kosovo, due to the wrong and incomplete confirmation of the actual situation, and the wrong implementation of material law, writes the Law on Justice.

The indicted “has failed to reason on its decision but has decided on the proposal of Minister MEPTINIS of 26.02.20, which the latter has generally presented false facts regarding the board's work in question. Of which we have full conviction that such a decision is broadly political and anti-legal.”, the indictment says, reports “Justice Vow”.

The fact is said that the incumbent's government has been obliged to elaborate and clarify all the convincing arguments on which it has made such a decision, so that at this point even such actions make such a decision illegal, and that the indictee has not reasoned which evidence it has received as proven and which as unconfirmed.

The indictment reportedly has been appointed on June 18th 2019, while according to the Government's decision in office for the dismissal of the board in question, Nuhi Proveliu and Ylber Zabergja have been called to the Kosovo Public Enterprises Report “Post, for financial year completed on December 21st 2018, and thus reportedly the Government in office has dismissed these members of the board, not being members at all for the period for which it downloaded.

The plaintiffs claim that the Kosovo Government's decision has also been taken with the wrong implementation of the material law or competent legislation for Public Enterprises in the Republic of Kosovo, and this, according to the indictment, is confirmed by the fact that the indicted decision has been brought against Article 17 of the Law for Public Enterprises, which in the first paragraph defines that “a person has the right to serve as director only if he meets all the conditions below, as well as conditions for independence and professional adaptation from paragraphs 2 and 3-3x1>

Therefore, according to the indictment, the plaintiffs are calling for the Constitutional Court in Pristina to issue a lawsuit under which the prosecution would be approved, to annul the decision of April 2, 2020 of the incumbent Government of the Republic of Kosovo, and to force the plaintiff to return the plaintiffs to their previous positions and to make up for their wages, ranging from the day of dismissal of the same and to the extent of this act.