Constitutional Approvals ombudsman's complaint, partially undermines wage law

The Constitutional Court has approved the ombudsman's request based on definitions (1) of paragraph 2 of Article 113 [Jurisdiction and Authorised Palaces] of the Constitution, in terms of assessing the constitutionality of Law No.08/ L-196 for Salaries in Public Sector.

Thus, the Court has partially overturned this Law, demanding its change.

In the context of the effects of the Act that is related to the court's conclusions pertaining to incompatibility with the Constitution of the higher provisions of the contrary Law, based on principles stemming from the relevant opinions of the Venice Commission, the judicial practice of the ECHR and the Court, with the emphasis on balancing between the principle of judicial security and fundamental constitutional rights and freedoms guaranteed by the constitution, The Act explains four key categories of its effects as follows:

“FirstIn no way do the category of official/officials/employees whose pay levels have been raised through the controversial Law”.

“SecondThe declaration, contrary to the Constitution, and therefore the abolition of paragraphs 2 and 3 of Article 41 (transitional States) of the Conflicted Law, has the consequence of preserving the existing level of wages in the public sector until the new salary, defined by the controversial Law, becomes equivalent to the existing wage. Such a definition stems from Article 1 on Article 41 (Transitional Conditions) of the Conflicted Law, under which, if a public official or official public official, prior to the introduction of this law benefited wages that are greater than the full salary envisioned by this law, she/he would benefit the new salary under the provisions of this law and the transital surplus equal to the difference between the current salary and the new basic salary. The rise in the value of the cofficient for each fiscal year in proportion to the proportional reduction of the transit surplus, while maintaining the existing salary level for categories that have suffered salary reductions, gradually results in “harmonisation/level” complete with the level of the new salary, which the Law points out through the corresponding extensions. Furthermore, the declaration contrary to the Constitution and the abolition of Article 3 of Article 41 (transitional States) of the Conflicted Law, in the context of the Kosovo Republic of Kosovo's foreign service category, from the entry into force of the Act, includes the obligation to address this category according to the definitions of Article 1 (transitional states) of the Law against”.

“ThirdThe declaration, contrary to the Constitution, and therefore, the abolition of Article 4 of the above law's entry into force based on Article 4, under which, among other things, anyone, without discrimination, has the right to work equal to getting an equal salary.

“Fourth, in spite of the fact that (i) Article 6 (Basically) paragraph 6 (Basing) of the Law, which is connected to the extent of the additional work experience; and (i) Article 2 (Eauth) Article 6 (Religion) of the Law related to the provisions correctly defined in the Actual device, have been deemed contrary to the Constitution, the Court has not abolished the same, because (i) the annulment of the first related to the fact that the Law disputes also abolishing the 03. L-147 for Civil Officers' Salaries would result in legal vacuums due to the right to supplement pay for labour experience; while (ii) abolishing the second one would affect the implementation of the Law disputed in its entirety. Consequently, based on Article 116 [Juridical Effect] of the Constitution, the Court has ordered the decision since the 6th) period after the introduction of this Act, change and/or complete the upper provisions in accordance with the Constitution and Act of the Court, with clarifications that in context of (i) Article 6 (Basium 6) the Law's (Bascial) entry, the right to interlock with the additional experience of work should be accurately implemented through the amendment of the Law, but with the effect of the act of entering this court; while in the constitutional framework, the constitution, the judiciary, and the judiciary, and the judiciary, with the judiciary, with the judiciary. The latter, taking into account the necessary preparations for the implementation of this act, has determined that the Action comes into force on February 1st 2024”, the Constitutional Court says.