IKD letter to MPs: Constitute the Parliament as soon as possible and take urgent action to change the Law on the Salaries in the Public Sector

Through the letter, The IKD emphasises that the Constitutional Court's act lowering the experience from 0.5% to 0.25% has described that percentage as contrary to the Constitution and the European Convention on Human Rights, and had ordered the Assembly to return that percentage to the minimum 0.5% by 1 August 2024.

But, the IKD says the Assembly did not carry out this act by violating public officials' rights. It mentions that in the “Tempus”, Judge Argzon Muca of the Constitutional Court in Pristina, it has announced that in one day about 2 thousand indictments were handed over by public officials who are forced to seek their right through judicial ways, the Votim for Justice reports.

“In this case, we call on you and all IX Legissary deputies to take the necessary actions for the immediate binding of the Kosovo Assembly. As soon as the Assembly is constitutionalised, we urgently seek to initiate legislative initiatives for changing and completing the Law on Salaries in the Public Sector, in accordance with the requirements set forth in the Constitutional Court Act in case no. CO79/23. The quickly reacting of the Assembly in this direction is not only fulfilling a constitutional obligation but at the same time a necessary act to preserve the social rights of employees in the public sector”, it says on paper.

IKD's full letter:

I/Your Honor MP/E,

On February 5, 2023, Law 08/ L-196 for Salaries in the Public Sector, which reduced the additional experience from 0.5 to 0.5%, for each service year. In the Ko79/23 Act, the Constitutional Court named this decline in opposition to the Constitution and the European Convention for Human Rights and ordered the Assembly, until August 1, 2024, to turn the percentage to a minimum 0.5 % effect on February 1st 2024. In the absence of legislative intervention, the Assembly ignored a constitutional obligation equal to the Constitution itself.

Despite constitutional violations and violations of public officials' rights, in the context of the current socioeconomic challenges, lowering the experience of work from 0.5% to 0.25% also brought consequences to the lives of families of 90,696 public officials.

I/Your Honor MP/E,

Because Government and Parliament (V legislation) III) did not comply with the Constitutional Court's act, about 2 thousand indictments were filed at the Constitutional Court in Pristina within a day.

For your knowledge, the judiciary in recent years has faced an extremely large number of subjects resulting from collective contracts, primarily related to labour disputes, and the Court deals with priority under a strategy issued by the Kosovo Judiciary Council. However, all subjects have a huge cost, in addition to impacting the high cost of time, the same financial costs directly affecting Kosovo's budget.

In terms of failing to comply with the Law on Salat in the Public Sector, on the basis of a general calculations, 35,770,502 euros will be spent from Kosovo's budget for procedure spending, without including legal interest and possible end expenses.

The IKD, has been constantly calling out to the Parliament and Government (V legislation). III's) to abide by procedures towards implementing this constitutional obligation, but which unfortunately had no reflection.

In this case, we call on you and all IX Legislatra deputies to take the necessary actions for the immediate binding of the Kosovo Assembly. As soon as the Assembly is constitutionalised, we urgently seek to initiate legislative initiatives for changing and completing the Law on Salaries in the Public Sector, in accordance with the requirements set forth in the Constitutional Court Act in case no. CO79/23.

The quickly reacting of the Assembly in this direction is not only fulfilling a constitutional obligation but at the same time an act necessary to preserve the social rights of employees in the public sector. Through this initiative, you have the opportunity to demonstrate commitment to the rule of law and to preserve a stable, motivated, and based public administration on clear principles of equality and social justice.

On the other hand, this initiative will significantly lower the number of unnecessary judicial disputes, releasing the judicial system from an additional burden, and will also prevent the loss of at least 35m euros from the state budget due to executions through completion.

Ehat Miftaraj

Executive Director

Kosovo Institute for Justice (IKD)