Enver Hasani: Government can't stop anyone's wages

Hasan has said the issue should be determined who their employer is.

As to whether it is legal to pay those who have been on strike, the former head of the Constitutional Court has said this issue belongs to basic human freedoms and rights.

This belongs to a dimension we call salary or material compensation, which we receive under a contract. The fundamental problem here is that in a constitutional system what we are for sharing and balancing powers, the Government executes laws and doesn't interpret laws, except for the internal regulation as long as they don't affect human rights freedoms because even then there is a vertical mechanism that supervises the executive's work. The Assembly removes their laws and their interpreter is court”, Hasani stressed in RTK.

That, according to him, means that we are ahead of a punishment, before a legal depression, in which hundreds of education workers are infected for participating in the strike.

The fundamental problem that makes this action illegal and illegal under the Constitution and Strasbourg standards, and which every authority including Government should apply when called for freedom and human rights is that there is no question here whether anyone is right or is walking a salary while not working and striking. The law speaks of employers because only the employer has the right to prevent the execution of wages. The government is not only an employer of primary and secondary education, but not of public Universities, but also a very large part of the administration is part of those independent agencies, often called the third or amortising power of political power in society”, Hasani has stressed. He has said education workers should follow legal ways to secure their salaries.

The former head of the Constitutional Court has now said the government cannot stop anyone's wages.

Whether by the Inspectorate or by the court, the payment ban without a decision cannot happen. He must be tried in court. Without a confirmation of facts on individual grounds, the government cannot stop salaries even if the municipality in this case does not hand over the lists. The municipality must testify with individual decisions through education and other competent bodies inspectors whether someone has been at work”, Hasani has added.