After Qalaj's lawsuit, the Court "blocks" the election of the new director

According to the Basic Court in Prishtina, the decision to dismiss former Police Director Rashit Qalaj contains two legal violations. This court has approved Qalaj's request for the suspension of the appointment process of the new director. According to her, he could not be dismissed for poor performance, without being given a warning in advance. At the same time, Prime Minister Hoti's decision did not give Qalaj the right to appeal, which, according to the court, is illegal

The former director of the Kosovo Police, Rashit Qalaj, has won the first legal battle against the Hoti Government.

He has sued this institution for his dismissal, while he has asked the Basic Court in Pristina to block the process of appointing a new director until the final decision on him.

Qalaj's request for the suspension of the competition for director general of the Kosovo Police has been approved.

The competition for the director of the Kosovo Police was in process.

The security measure hearing on the competition for the director of the Kosovo Police was held on Wednesday.

also Arberi 4 January 2021 The appeal considers that Qalaj has not been fired, but has been released from office, the law says it is the same thing

The court of first instance in its reasoning has enumerated several violations, which, according to it, the Hoti Government committed when it dismissed Qalaj.

One of the reasons mentioned by Prime Minister Hoti for the dismissal of Qalaj was the poor performance, according to them. But, according to the court, the contract cannot be severed from someone for lack of performance, if a performance warning has not been given in advance.

The court found that even with the provision of article 70 par.2 it is stated that the employer can terminate the employment relationship based on sub par 1.6 of par 1, in which the defendant is called only when the employee has received the written notice of unsatisfactory performance, in a specified time frame, within which the employee must improve his performance, as well as a statement that failure to improve performance will result in dismissal without any further written warning.

Illegally, according to the Basic Court in Pristina, the Government, in the decision to dismiss Qalaj, had limited his right to appeal against that decision.

also Arberi 15 January 2021 The police did not approve his resignation, Qalaj's candidacy for deputy is at risk

The court has found that the decision issued by the counter-proposal was contrary to article 86 of the Labor Law, namely par 3 of this article, which decisively states "The employer's decision must be made in writing emphasizing the reasoning and advice on legal remedies against the measures of pronounced". Therefore, the court assesses that the counter-proposer had left the proposer unaware of the use of legal remedies, such as in the present case the appeal against the decision, because the respondent had denied the proposer the right to appeal by her actions, by not notifying him at all of a such a thing.

Rashit Qalaj was dismissed from the position of the general director of Kosovo, on October 18 of this year, by Prime Minister Hoti.

His dismissal was made a week after the Kosovo Police, in coordination with the Prosecutor's Office in Peja, arrested the mayor of Istog, Haki Rugova, vice president of the LDK. While a few days later, Hoti also extinguished the Anti-Corruption Task Force within the Police, which had investigated several high-profile cases, including cases where senior officials of the LDK were part of the investigation.