PDK sends decision to Constitutional for collective dismissal of KPMSHC members

MPs from the Parliamentary Group of the Democratic Party of Kosovo have submitted today to the Constitutional Court the requirement for assessing the constitutionality of the Parliamentary Decision, through which they stress that members of the Independent Council for the Kosovo Civil Service were provisionally and arbitraryly dismissed.

In this request, The PDK has argued that the Assembly has constitutionally violated two concrete provisions of the Constitution, Article 101 (Sivarial Service) and 142 respectively. (Independent agencies) of the Constitution.

“This Council is an independent institution of constitutional level, and guarantees standards of merit, professionalism, neutrality of politics and character of civil service within the state administration. Also, on the basis of the constitutional responsibilities of this independent institution, the government, Parliament and other political bodies are stripped of the competencies of intervention in Kosovo's independent civilian service, because the Constitution -- such competence -- the Council has provided only this as the institution independent of political influences” -- is said among other things in the subject sent to the Constitutional.

Moreover, according to The PDK, members of the Council have been collectively dismissed, despite the incompatible fact that members of this institution are individually elected to a procedure clearly defined in the Assembly.

This includes violations of even the procedure that was followed for downloading. Also, the decision on dismissal (repressing) the mandate of Council members is unconstitutional because, in the case of dismissal, none of the conditions seen in Article 15 have been met. (Resolving the mandate of Council member) Law member No.06/L- 048. How much more so that the very provisions of this law have been subjected to control in the Constitutional Court, (see: the act of bias in the case of KO171/18) where, in addition to other cases, Article 11 paragraph 3, relevant to the concrete circumstances, which guarantees functional immunity to the chairman and members of the Council, was generally assessed in accordance with the constitution”, says in the letter of the PDK sent to the Constitution, where it is thus stressing that the Parliament with its decision has acted in opposition to guarantees given to this act.

Parlentar group of The PDK has warned from the beginning of this legislature that they will monitor and denounce any violation of current power with numerous violations and family employment.

GP- The PDK has indicated that this requirement makes it more the goal of protecting constitutional order and independent institutions, and does not intend to use the same for political purposes. And the fact that these members were elected from the Assembly in October 2020, is also argued, The PDK was in opposition.