IKD: Government and Parliament Ignore Constitutional Court

The Kosovo Institute for Justice (IKD) has expressed deep concern over the failure to adopt the Law on Salaries in the Public Sector by the Government and the Assembly of Kosovo, which according to them presents a violation of the Constitutional Court's act of justice.

“Disapproval of the Law on Salats in the Public Sector within the set term under the Constitutional Court Act presents a violation of this Constitutional Court's bias and contempt,” said in the IKD report.

The IKD adds that with the decision on December 23rd, 2023, the Constitutional Court announced several provisions of the Law on the Salat in the Public Sector as incompatible with the Constitution of Kosovo and ordered the Assembly to make the necessary changes within a six-month term from entering into force on February 1, 2024.

This Constitutional Court decision was an important step to ensure that public sector reforms included fair compensation for the experience and professional engagement of employees. The court scrapped the provision where tens of thousands of civilian servants were halved the right to additional experience of work, from zero points five percent (0.5%) to zero points twenty-five percent (0.25%) annually, halving the additional experience of working for the first 15 (15) years, subsequently the pay rate for all categories of official/employees entering the scope of the controversial law, respectively specifying the additional experience of twice as low as compared to the preliminary legislation compared to the 15 years before the experience of the <1K>

Despite that, the Government and Parliament have not taken any concrete steps to fulfil the obligations imposed by the Constitutional Court.

“It is disturbing and unacceptable that, more than six months after the conviction was declared, none of these institutions have taken steps to address the recorded problems,” reports the IKD.

The IKD reminds the Government and the Parliament that the failure to adopt this bill had and continues to have serious consequences for the right to pay for tens of thousands of civil servants.

These workers are deprived of additional labor experience, which prior to the law's entry into force on wages reflected their experience and professional commitment. Law failure has direct implications on the welfare and social stability of thousands of families based on these salaries to provide daily needs,” reports the IKD.

The IKD has demanded that the Parliament and Government initiate procedures for the changes required by the Constitutional Court and include all parties interested in the process of improving the law.

The Constitutional Court decisions are binding for all institutions and individuals in the Republic of Kosovo. Disrespecting these decisions constitutes a serious violation of the Constitution and creates a dangerous practice that would undermine stability of constitutional order and the rule of law,” concluded IKD.