a minute agoThe Constitution undermines the Supreme decision on additions of hygienists engaged during pandemic
Periskopi(2 hours ago)
(2 hours ago)The Constitutional Court of the Republic of Kosovo has declared an indictment of the Supreme Court that has rejected the request of several hygieneists engaged during the COVID-19 pandemic for compensation of additions on the base wage.
In the act published in the case of Cli113/25, issued by Venus Gavran and others, the Constitution has found that the Supreme Court's decision was not in accordance with Article 31 of the Constitution, which guarantees the right to fair and impartial judgment, regarding Article 6 of the European Convention on Human Rights.
As a result, the Constitutional Court has declared the Supreme Court's act invalid and has ordered the return of the case for review.
The case relates to a group of hygienics engaged through the private company “Eric sh.p.k.” at the “Isa Grezda” in Gjakova during the pandemic. They had demanded payment of monthly extensions for the period July 30, 2020, based on the Government's decision to compensate active personnel engaged in fighting pandemic.
The Constitutional Court had partially approved their suit, while the Court of Appeals had ruled. However, following a request for protection of legitimacy by the State Attorney, the Supreme Court had changed the decisions of the two lowest institutions and had refused the requirement.
According to the Constitution, during the case review, the Supreme Court had requested a clarification by the Ministry of Health concerning the interpretation of the Government's decision, but this document had not let the plaintiffs know and allowed them to declare its contents.
The Constitutional Court estimated that this constitutes violation of the principle of arms equality and procedural contradiction, as parties should be given the opportunity to recognise and comment on any evidence or document that may affect the decision-making of the court.
Under the trial, the non-communication of this clarification deprived the perpetrators of the effective opportunity to counter a test that resulted crucial in the case, thus violating their right to a fair judicial process.
For these reasons, the Constitutional Court decided to declare the Supreme Court's judgment invalid and to return the subject for reconsideration in line with its findings.
