Former Police Officer didn't win the legal battle for return to the workplace after three years

Hasanaj has been declared fired after he had reported the illegal actions done within the police.

I have to clarify, in effect, that this is all done on purpose, because I've been working on it in October 2005 and beyond, having denounced anti-legal actions”, Hasanaj said.

The same added that even the interior commissions within the Kosovo Police have never had the powers to provide civil police disciplinary measures.

I've told you that the Disciplinary Interior Commission and the Commission for Anxiety have not been competent to take any action on me as a civil servant, and then it started “fight” on me because they were after learning for 10 years by taking disciplinary measures until the end of the working relationship with civil servants, which in no case have had constitutional competencies, Hasanaj has declared.

While regarding these claims by Kosovo Police through information provided for “The Justice Vow”, it has been declared that there are no claims that the same has been fired after denouncing illegal acts.

“In fact, the main reason in the disciplinary case against the Hasanaj employees has been that the same has not respected and refused to apply the Order for executing the decision with No.07/01A/2176, at 06.04.2018, linked to the Kosovo Department of Staff, effective from 10,04.2018, as it was the same decision to transfer, has not been presented at the location of the 31x1).

As for the competence of the Commissions for the pronunciation of disciplinary measures for civil servants, Kosovo Police have declared that every north has been made within legal frameworks.

The former Hasanaj official's claims do not stand that by the time decisions were made on the part of the UND, there have been violations of domestic and legal procedures. At the time the decisions were made on the part of the UND, all police employees, regardless of functional civil or uniformised staff categories, have been implemented the same provisions addressed in terms of disciplinary”, the police response is said.

Based on the No.339/2018 decision by the Independent Council for the Kosovo Civil Service (KPMSHCK), Hasanaj versus the decision to cut off the labour relationship, dated December 7th 2018, holds direct complaint at the KKPSHCK. This complaint had not been reviewed by the KKPSHC until December 7, 2020, where the same was true of A.n.808/2020, had rejected Hasanaj's complaint as incorrectly, arguing that the same had been presented without the depletion of legal means.

The Independent Supervisor Council for the Kosovo Civil Service (KPMSHCK), in its position for “Justice Bettim”, has stated that by deciding on the complaint of the Isa Hasanaj side, which it put directly into the KPSHCK, the same has decided by respecting the legal provisions in power, therefore the recommendation of the decision No.339/2018, for the Entrance of the Civil Service Implementation and Propossion for the Civil Service in Kosovo, <x>Bendering for Justice<4>.

While not considering the complaint for two years by the KKPSHCK, the same has acknowledged the fact that the complaint has not been reviewed, saying the Council during this period has not had a member, and for that fact, the Hasanaj side has been announced over time.

The Council has not ruled for a complaint within the eight-and-five days because: from December 13th, 2018, the four members of the KPSHCK have expired, while from January 21, 2019, a member has been appointed judge, and until April 7, 2020, the Council has only been with two members, while from this date until October 2020 the council has remained without a member”, the KPSHCK response reported.

In addition to this fact Hasanaj had exercised indictments for administrative silence on February 28th, 2019, near the Constitutional Court in Pristina, at the administrative department, with claims that the Independent Council for Kosovo Civil Service has not issued the verdict in the pre-term legal term.

After that, Isa Hasanaj, on January 8th, 2021, has also filed the second indictment with the Constitutional Court in Pristina, in the administrative department, with claims that the Independent Supervisor Council for Kosovo Civil Service, dated December 7, 2020, after a two-year silence, has taken the country illegally to its complaint.

According to Hasanaj, no action has yet been taken concerning these two subjects from the Constitutional Court in Pristina, the administrative department.

In response to these claims, in the electronics taken by the Constitutional Court in Pristina, given to “Justice Vow”, it is said the indictment for administrative silence, the judge of the case is dealing with 2019 subjects for review, and the same subject will be assigned on the basis of reaching the course in court.

While over the second indictment for cancelling the KPSHCK decision, in response to the Constitutional Court in Pristina reportedly due to large numbers of subjects from the previous years, 2019, 2020, respectively, the same subject has not yet been processed.

Otherwise, Isa Hasanaj had worked as a civil servant in the Kosovo Police in the Pec region. Disciplinary Procedure was developed to him by the Interior Commission, which by the decision of January 31, 2018, Hasanaj was pronounced, disciplinary measures stopped 25% of the gross monthly wage for three months, and the additional administrative transfer measure. Against that decision, Hasanaj had filed complaints, the Commission for Anxiety in the Kosovo Police, and on March 19th 2018, had been rejected the same.

After that, Hasanaj had filed a complaint to the Independent Council for Kosovo Civil Service (KPMSHCK), and on June 19th 2018, this council had made A.nr.150/18 verdicts for the abolition of decisions on January 31st and March 19th 2018, forcing the Commission for Anxiety to reconsider the complaint. After the review, the Kosovo Police's Anxiety Commission again refuses Hasanaj's complaint.

Pala Hasanaj again pleads in the KPSHCK, and according to the decision, A.N.431/2018, on August 31st 2018, the decisions of the Kosovo Police's Ancres Commission -- namely, by abolishing the complementary move of administrative transfer, and forcing the General Director of the Kosovo Police to compensate Hasanaj for the monthly gross wages for three months that had been halted by the decision of January 31st 2018.

According to the KKPSHCK decision, A.nr,621/2018, of November 16, 2018, the Isa Hasanaj Internal Disciplinary Commission, on July 31, 2018, had pronounced the move “the suspension of the work relationship”, with the reasoning that it has been absent without cause, refusing to implement the measure for administrative transfer.

Given the same decision, Hasanaj had again filed complaints with the Commission for Anxiety in the Kosovo Police, and the same complaint had been rejected, prompting him to complain at the KKPSHCK. The same with its decision is binding on the Kosovo Police's Internal Disciplinary Commission to reconsider its decision of July 31, 2018.

In the meantime, KKPSHCK, on November 31st 2018, had made the decision No.339/2018, with which it had approved the Council's College References Report, under which it has been found that the Kosovo Interior Commission and the Commission for Ancesa have no competenced to review disciplinary procedures among civil servants. KKPSHCK directs special commissions concerning the development of disciplinary procedures to civil servants working in the Kosovo Police and addressing their complaints.

Finally, based on the decision No.339/2018, Hasanaj towards the decision to cut off the relationship, on December 7th 2018, holds direct complaint at the KKPSHCK. This complaint had not been reviewed by the KKPSHCK until December 7th 2020, where the same with the A.n.808/2020 verdict, had rejected Hasanaj's complaint as incorrectly, arguing that the same had appeared without draining the legal means.

After that, Hasanaj had exercised the first indictment for administrative silence on February 28th, 2019, near the Constitutional Court in Pristina, at the administrative department, with claims that the Independent Council for Civil Service of Kosovo has not issued the ruling in the pre-term legal term.

Isa Hasanaj on January 8th 2021 has also filed the second indictment with the Constitutional Court in Pristina, in the administrative department, with claims that the Independent Council for Kosovo Civil Service, on December 7th 2020, has taken the illegal seat in his complaint. /Justice Trust/