7 hours agoArberie Nagavci allegedly illegally degraded former chief education inspector after 16 years of work
Periskopi(a year ago)
(a year ago)The Ministry of Education, Science, Technology and Innovation ( MAKTI), through the decision of Minister Arberie Nagavci of the 2009.2023, allegedly made an illegal decision to release Defrem Gashi, who for about 16 years had served as director-general of the Education Inspectorate, Periscope reports. To that decision, Gashi had complained [...]
Towards this decision, Gashi had complained to the Independent Council for Kosovo Civil Service (KPMSHCK) and in 01.12.23, He annulled the minister's decision, stating he was illegal and that the minister had no authority to release the official from office.
However, KKPSHCK failed to order even the same job return, leaving the legal consequences of a decision itself invalid. Instead of being restored to his former position, Gashi was expelled from the ministry, though there were seven unmet free countries within it. Of them, three positions of rank what Gashi had and four high-level positions what he was offered today at the Ministry of Local Power Administration (MAPL).
In 2024, Public Officials Supervisor Department (DMZP), instead of returning him to the position he had held, made his permanent transfer to another position, without any reasoning or legal basis, even though the KPSHCK required that the system be made under legislation in force and no permanent transfer based on Law No. 06/L-14 for public officials whose law was abolished where Gashi was placed.
This action was based on Article 42 paragraph 7 of the Law No. 06/L-14 for public officials, who, as Periscop learns at the time of appeal, was abolished, making the transfer completely illegal. This provides for the end of the mandate, while Gashi had no mandate at all since the appointment of the 03/10-2026 date was unlimited.
The ombudsman on 07.08.2024 found that institutional discrimination is clear, and criticises the KKPSHCK for failing to implement its decision fully, stressing that the annulment of the minister's decision should have brought automatic annulment of all legal consequences stemming from that decision.
“In this context, the ombudsman draws attention that the KPMSCK has had a legal obligation that in the case of making the A.r verdict. 1237/2023, to fully respect the principle of legitimacy so that, in the case of annulment of the decision, he could reverse the legal consequences of that decision and thereby protect it and guarantee the right of the complainer”It says the ombudsman's opinion. /Periscope/
