The articles which abolished the Constitution to the Law for Public Officials

According to the Constitutional Court's announcement, the same has ruled that the controversial Law is sent to the President for the announcement, without the provisions outlined contrary to the Constitution, reports “Justice Vow”.

“Based on the above findings, the Court also decided: (i) to state that according to Article 43 (A Fiat) of the Law for the Constitutional Court, the controversial Law is sent to the president of the Republic of Kosovo for the proclamation, without the provisions outlined contrary to the Constitution, and according to specifics specified in the Constitutional Court Act”, it is said at the court's announcement.

In addition, according to this ruling, the Constitutional Court has imposed the constitution on the 6-month term from its entry into force to take all necessary actions to fulfil and amend the law in relation to provisions abolished by this court.

“In accordance with Article 1 of Article 116, take the action needed to fulfill and change: (a) paragraph 6 of Article 67 (Day List); (b) paragraph 6 of Article 27 (right to inform about the relationship of labour and the right to complaint) and paragraphs 3 and 4 of Article 88 (The right to a complaint by a public service official) and Article 6 (the civil/civil officer with special status) of the contrary Law, in accordance with the Constitution and this Act of Justice; and (ii) to determine that the Act comes into force with its publication in the Official Journal of the Republic of Kosovo”, the statement said.

The following are articles and paragraphs which the Constitutional Court has abolished:

Article 9. Before 3 and 5 criteria general for accepting the office/public

This article defines general criteria for being accepted as a public official in any category or level of public officials.

paragraphs 3 and 5 of this article that has been abolished by the Constitutional Court says:

“3. Despite definitions in paragraph 1, sub-paragraphs 1.1. And 1.3. of this article, foreigners, diaspora members and citizens from countries with which the Republic of Kosovo has agreements, which/people have the necessary qualifications for the workplace, can be accepted as public officials. The government, by law, defines state functions in which these categories can be accepted as public officials.

The eligibility and/or the additional specific criteria for appointment under this article, for employed/at the presidency of the Republic of Kosovo, the Constitutional Court of the Republic of Kosovo, the Law System, the Assembly of the Republic of Kosovo, and independent constitutional institutions are regulated by this law, and with a special act adopted by the competent organs of those institutions”.

According to the Constitutional Court's announcement concerning this provision, it says: “Take into account the principles expounded regarding judicial security, including the obligation that relevant provisions of the law be the clear, accessible and predictable “”, the Court has estimated that setting the criteria of “ex4> is incompatible with constitutional guarantees according to the clarification provided in the Actation device”.

Article 12. par 1.1 and 2 - Government of the Republic of Kosovo

According to Article 12 of the Law, the Government of the Republic of Kosovo approves and co-ordinates general state policies for the employment of the official/public, as well as “above their implementation and for the state of public officials reports to the Kosovo Assembly.

“1.1. approves and co-ordinates general state policies for official/public employment, as well as oversees their implementation

The government of the Republic of Kosovo reports to the Republic of Kosovo's Parliament on the state of public officials/people by 31 March each calendar year for the preliminary year”.

Article 13. Par 1.1, 1.2, 1.5, 1.9, 3, 4 and 5 ministry responsible for public administration.

The Ministry of Public Administration's responsibilities is defined.

“1.1. Plans, proposes, co-ordinates and supervises the implementation of policies for the official/public one;

1.2. Supervising implementation of legislation for public officials/administration institutions;

1.5. He prepares declarations of compliance with this law, for any draft act proposed by other institutions, related to the working relationship of the official/public;

9 Asks for and receives from the institutions of the Republic of Kosovo any necessary information in the field of labour relations;

Responsibilities defined in subparagraphs 1.1. And 1.9. This article, as far as it concerns public service employees, is conducted in co-operation with the ministry responsible for state policies for the respective public service.

Every institution that takes on official/public work, and every official/public institution, which has decision-making management competencies, or which has information in this area, co-operates with the ministry responsible for public administration.

The ministry responsible for public administration is the only state administration institution that has competence to provide explanations regarding the definitions of this law”.

The Constitutional Court's announcement states that the indictment explains that joint reading of the provisions 12, 13 and 104 of the controversial Law, through which the Independent Supervisor Council is essentially stripped of constitutional functions, which are adopted by the Government, results in opposition to Article 4 and 101 of the Constitution, respectively.

Article 27. Par 3 and 6- The right to job information and the right to complaint

In this article, public officials' rights are defined in the labour relationship and the issue of legal means.

“3. The civil/employment has the right to file complaints to the Independent Council of Kosovo Civil Service supervisors for any action or inaction, which violates legitimate rights or interests, rights that stem from the working relationship in the civil service, in the initial cases under this law.

Public service/employment and technical/support officer has the right to file complaints in the Labour Inspectorate. After the depletion of the law of complaint in the Labour Inspectorate, work disputes in the competent court could be initiated, according to relevant legislation”.

Article 88. Par 3 and 4-The right to a complaint from a public service official

In this article of the Law for Public Officials, the right of public service officials is determined for complaint in the case of claiming to be violated by the work relationship.

These two paragraphs of this article have been abolished by the Constitution.

“3. The investigation of complaints is at the disposal of the Labour Inspectorate.

After depleting the right of complaint in the Labour Inspectorate, the employee/i may initiate work disputes in the competent court, according to relevant legislation”.

In the announcement published by the Constitutional Court, among other things, it has been said that <x0th> the bias emphasizes that such a legal definition is in full opposition to the Labour Law and the Law for the Labour Inspectorate itself, which does not define the same competence to resolve disputes from the working relationship and, more so, with the principle of dividing and balancing the powers defined in Article 4 of the Constitution”.

Article 67. before 6-Day List

In this article of the Law, the question of putting civil servants on the list of expectations that after the end or restructuring of the institution have not been transferred according to Article 66 or pre-law cases.

Out of six paragraphs he has this article, only one paragraph has been abolished and only paragraph six in which the issue of extracting the government's sublaw is determined.

“6. The rights and obligations of pending civil servants, including their salaries and training, are determined by the Government by sublaw following the ministry's proposal responsible for public administration in consultation with the Ministry responsible for Financa”.

By contrast, the Constitutional Court in the published announcement has said that “Paragraph 6 of Article 67 (waiting list) of the controversial Law is incompatible with Article 1 paragraph 3 and Article 7 [Velrate] paragraph 11x1>.

Article 99. before 1-7-Eppending Deposit

From 21 paragraphs of this article, the Constitution has abolished 7 paragraphs, and that paragraph 1 through 7.

“1. Civil officer in civil service relations, in accordance with Law No. 06/L114 for public officials and maintaining an equivalent position with the positions of civil servants/members in office and responsibilities is considered civil servant/a according to Article 2, paragraph 3. of this law, from the day of entry into the hand of this law.

Lately a (1) year after the law's entry into force, all low and medium-level management positions will be announced in the order planned through the open and public competition, except for positions that have been free and completed during the transitary phase of recruiting under Article 98 of this law.
In the announced recruiting procedure under paragraph 2. of this article, enjoys the right to the competition and the public official who has been and/appointed to that position until the moment of announcing the recruiting procedure for position in question.

If the official/public one as in paragraph 3. This article, after completing the recruiting procedure, does not announce the winner for appointment in the respective position or has not competed at all, it/it will be arranged in the professional category, provided it meets the criteria for appointment to the position in question.

Public official/rest like paragraph 4 of this article, it will benefit compensation that is equal to the difference between the basic wage of the leadership position it has exercised and the professional category wage it has arranged in:

100% of the difference in wages, during the first year after systeming in the professional category;

75 % of the pay gap, during the second year following the professional category setting; 64 5.3. 50% of the pay gap, during the third year after the professional category system;

25 % of the pay gap, during the fourth year following the professional category setting.

Until his appointment to a position of professional category, according to paragraph 5. of this article, the civil servant is placed on the waiting list and enjoys rights as defined in Article 67 of this law. The refusal to be appointed to a professional category position is a cause for freeing the employee/from the service.

The rights from paragraphs 2.3,4,5, and 6 of this article are worth only once, for the period and circumstances set by these paragraphs”.

According to the constitution, the bias states that Article 99 of the controversial Law is not compatible with Article 46 of the Constitution regarding Article 1 protocol No. 1 KEDNJ.

Article 104 - Depower

“2. With the law's entry into force, it is abolished and any other provision contrary to this law”.

The Constitutional Court reports that Article 2 paragraph 104 The opposing Law is not compatible with Article 1 [Enoch before the Law], paragraph 1 of Article 4 [The Foundation of Governance and Power Division] and paragraph 1 of Article 7 of the Constitution.