The Public Officials and the Bill for the Salaries, With Major Failures and Indistinctities

The group for Juridical and Political Studies (GLPS) has said changes to the Bill for Public Officials and the Peace Bill have major shortcomings and confusion.

According to this organisation's analysis, these changes are not compatible with IGMA principles. The OECD, the same virtually allows daily policy disrepute to interfere with civil service and ultimately violate its stability to public administration, which is co-signed to civil service itself.

These changes will produce chain consequences and serve as precedent for intervention in civil service by each government”, the GLPS analysis reported.

As for the draft law on public officials, G The LPS says it has very carefully analysed all the changes by making a comparison between the current law for public officials, act of no. KO2/03/19 of the Constitutional Court and principles for the public administration of IGMA/ OECD.

Our assessment of the changes made through this bill is that the same are very serious and in fact completely change the concept of civil service through: replacing the career development system in the position system, establishing long-term contracts for managerial positions, restoring the mechanism of duty fraud, degradation and waiting lists, and making arrangements for transfers that can make political and non-commercial interventions both in the admission of officials and in their management<1x> says G> LPS analysis.

Thus, GLPS has called on the Government and the Assembly of Kosovo for amendments to the Law for Public Officials to focus only on those defined in the No. KO2/03/19 of the Constitutional Court, while other changes are based on evidence and through initially drafting policies by selecting the option which is most recommended for resolving the identified problems.

The relevant institutions, the GLPS says, should focus and mobilise in implementing legislation for public officials and not in short-term resolution “that can bring harmful consequences and dangerous precedents and irreparable damage to civil service, and in the entire public administration”.

On the other hand, public sector wage bill, according to G The LPS, it is very important for the fact that the legal framework is highly fragmented with about 58 different legal and underground acts that have brought marked inequality to wages for similar jobs in the public sector.

GLPS has also identified several issues that could again raise constitutional discussion, but may also be problematic during implementation.

The new bill fails to substantially address issues defined in the No. CO219/19 of the Constitutional Court, with which Law No. 06/ L-111 for public sector wages. Non-complete action (again ruled out by the scope of all employees in the Kosovar Agency for Intelligence, artificial and abstract criteria for the pay assignment (the model of institution and qualifications which, in themselves, are not implemented) breaching the very principle of transparency set with this bill (noting the value of the coefficial wage) equal wages for the same work, lower wage levels in independent constitutional institutions, the unusual wage rule at the local level (based on the population number) which may be the precedent for other salaries required with the criteria, while reducing the judiciary and, in spite of the interest of the judiciary, there are only some fundamental categories of our pay, and some specific range of G1 categories of time in the range of experience, and there are only a few different categories of G-1. LPS in this analysis.

Meanwhile, in terms of the proposed additions to the new bill, GLPS notes that some of them are unnecessary and unwarranted, there are no limits to the value of certain additions which leave a huge disrepute that can easily be misused in practice, confusion between position and occupation in determining the extension, and that the categories of beneficiaries are not correctly determined.

“This entire adjustment creates ambition and paves the way for misinformation and possible abuses during implementation”, the organisation stresses.

Even in this bill, G The LPS says the Government and the Assembly of Kosovo should be fully based on the findings and guidelines of Action No. KO219/19 of the Constitutional Court and to establish standards and rules which, based on the same principle, have the same pay principle for the same work and that to advance a classification process as the additions are revised and the key principle for giving them are only those characteristics that are impossible to take into account during the cofficiency's appointment.

The two laws are extremely important for the actual regulation and functioning of public administration, and for this, must be designed to address all key issues and make no room for future misinterpretation”, the GLPS analysis has been completed.