The Kosovo Institute for Justice (IKD) has assessed that the non-approval of the Law on Wages in the Public Sector by the Government and the Assembly of Kosovo within the deadline set in the judgment of the Constitutional Court, represents a violation of this judgment, disregard of the Constitution, violation of the Constitution and infringement of rights in addition to the salary according to the work experience of tens of thousands of civil servants in Kosovo.
According to IKD this also creates a practice harmful to the promotion of democracy.
"With the decision of December 23, 2023, the Constitutional Court (CJK) decided to declare some provisions of the Law on Salaries in the Public Sector contrary to the Constitution of Kosovo, and declared them invalid. For some others, in addition to declaring them contrary to the Constitution, this court ordered the Assembly of Kosovo to initiate the necessary legal changes for the same in order to correct the inappropriate provisions within a period of six months from when The verdict in case number KO79/23 entered into force on February 1, 2024", says the IKD communique.
But according to IKD, neither the Government nor the Assembly have taken steps to fulfill the obligations imposed by the Constitution.
"However, despite the knowledge of the Government and the Assembly, and moreover, that such a judgment is submitted to both institutions and published on the official website of the GJK, it is disturbing and unacceptable since the passage of more than six months and 13 days since the announcement of this judgment, none of the aforementioned institutions have taken any concrete steps to fulfill the obligations imposed by the Constitutional Court. "Instead of acting to address the identified problems and to include the Draft Law on Wages in the Legislative Program for 2024, the institutions of Kosovo have ignored the requests of the GJK", the communiqué states.
IKD considers that this negligence is not simply an administrative deficiency, but such inaction constitutes a violation of the Constitution and the decisions of the Constitutional Court, as according to them it happened in 2023 with the delays in approving changes to the Law on Pension Schemes and with the Law on Public Officials.
"IKD reminds the Government and the Assembly of Kosovo, that throughout the seven months of this year, the non-initiation of this draft law and the failure to enter into force within the deadline set by the GJK, has had and continues to have serious consequences for the right to payment for tens of thousands of civil servants in Kosovo. These workers, who contribute significantly to the functioning of institutions and public services, are deprived of the allowance based on work experience, which before the entry into force of the wage law, reflected their experience and professional commitment. "Such a situation not only undermines the integrity and security of the salary system in the public sector, but also undermines the trust of citizens in state institutions and their ability to implement and respect the law," the communiqué states.
According to the IKD, the non-implementation of this law up to this point also has a deep and wide impact on the social and economic life of civil servants, as it is said that the establishment of new unconstitutional criteria for bonuses based on experience has made their livelihood worse. "The violation of the law has direct consequences on the well-being and social stability of thousands of families who rely on these wages to provide for their daily needs and contribute to the sustainable development of their communities," the communiqué states.
IKD asked the Assembly and the Government of Kosovo to start the procedures for the changes requested by the Constitution as soon as possible, to include all interested parties, in particular the Union of Civil Servants, civil society and other interested actors "so that the future law is in accordance with the requirements specified in the decision of the Constitutional Court".
According to them, only in this way can it be ensured that the rights of civil servants will be protected and a fair and transparent salary system guaranteed.
"Decisions of the Constitutional Court are binding for all institutions and individuals in the Republic of Kosovo, as they represent the final interpretation of the constitution. Failure to comply with these decisions constitutes a serious violation of the country's highest legal act, creating a dangerous practice. "Such behavior risks creating a negative precedent that weakens the constitutional order and the general stability of the functioning of the legal state," the communiqué states.
According to IKD, the decision of the Constitutional Court was an important step in order for the necessary reform in the public sector to be delivered safely to employees so that they are compensated fairly for their professional experience and commitment. "The court overturned the provision where tens of thousands of civil servants were halved the right to the work experience bonus, from zero point five percent (0.5%) to zero point twenty five percent (0.25%) per year, halving the bonus of work experience for the first fifteen (15) years, consequently the salary level for all categories of functionaries/officials/employees that fall within the scope of the disputed law, namely by determining additional experience twice lower compared to the legislation preliminary in terms of the first fifteen (15) years of work experience", says the IKD communique.
