Three articles in disagreement with Constitution-The ombudsman reveals details from the Law that led to Constitutional

The ombudsman has sent the Law for Pay to the Constitutional Court. This one has been confirmed by this institution in a media communique, writes Periscopi.

Ombudsman, under the exercise of his constitutional and legal mandate, since law entry No. 08/ L-196 for Salaries in Public Sector (more: The controversial law has accepted 104 complaints by various subjects of the public sector. The accepted incidents mainly involve lowering the coffients, resulting in reduced wages, removing additions or non-recognitional and non-equal treatment between positions defined by law. Acceptable polls have been submitted by public sector subjects, as group complaints, as well as through trade unions.

The ombudsman recalls that on December 1, 2019, the Law No. 06/ L-111 for the Salaries in the Public Sector, for which he had asked the Constitutional Court to assess constitutionality. The ombudsman further recalls that the Constitutional Court, on July 9, 2020, had issued the Ko219/19 Act and had declared this law to be invalid in its entirety.
On February 5, 2023, following a process, which, according to the ombudsman, has not been a transparent, responsible and nor democratic process, the controversial Law has entered into force. Moreover, the ombudsman estimates that this law does not carry the spirit of Action of KO219/19, in the sense of the principle of separation of powers, control of the balance between them, in the sense of preserving the independence of independent constitutional institutions, in the sense of rule of law, in particular the principle of equality before the law, and in the sense of protecting the right of property of subjects in the public sector.

According to the ombudsman, Article 2, paragraph 3; Article 6, paragraph 6; Article 41, paragraph 3 and paragraph 4, of the controversial Law, as well as its appendixes involving the Judiciary System, Prosecutorial System, Kosovo Security Force, Kosovo Corresponding Service, University and Parauniversity Public Services; Public Offices of the Health System; Kosovo's Assembly, Independent Constitutional Institutions, Independent Agency, Agency, Agency and Public Service; National Office of Public Service, the Audit Office, the Interior Office, and the Institution of Kosovo, the Constitutional Constitutional Law, which appears to be ignored with the Constitutional Court of the Constitution.

The ombudsman estimates that the generally contested Law has created a degenerative situation, where all employed people have not been treated equally with the sit-down, nor in the case of salary hikes. The ombudsman estimates that lowering and raising wages seems to be not based on a literal preliminary assessment, nor on a linear system, nor even within the specific sectors, which have resulted in some employees having a discount, and some other wage increases, even within the same organization.

However, the ombudsman, based on the verdict of KO 219/19, has to be one that does not put the burden of paying cuts solely on certain persons or sectors of the public sector and that the reasons for lowering salaries should be multiple times more stable than the reasons for salary increases; it does not dispute its law and additions to parts where there is a certain wage increase in sectors and where a legitimate goal for such growth is followed, but expresses its concern for arbitration in an arbitrary way, without even meeting the terms of the law, under which it can reduce its wages for a certain macroeconomic cause, or natural reduction, which results in natural spending, or disaster.

For these and for those reasons that the ombudsman has argued with the case of handling contested complaints and analysis of the Law, he has submitted the constitutional court's request for assessing compliance with the Constitution of the Conflicted Law.