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Former director Gashi claims that the competition to replace him at MEST was also illegal

The competition announced by the Ministry of Education to replace the former head of the Education Inspectorate at the Ministry of Education, Defrim Gashi, after his transfer to the MLGA, is being claimed to have been declared illegal. KOHA reported last week that Gashi, after 16 years, was transferred from the Ministry of Education to the Ministry of Local Government Administration, for which he claimed that he was transferred illegally and accused Minister Nagavci of this.

After leaving the position of head of the Education Inspectorate where he served for 16 years, Defrim Gashi says that the competition announced by MESTI to replace him was also illegal.

KOHA reported last week how Gashi was transferred from the Ministry of Education to the Ministry of Local Government Administration, for which he claimed that he was transferred illegally and accused Minister Nagavci of this.

Gashi says that his departure was intentional to pave the way for a new appointment to this position, through a competition that he considers illegal.

"I have left to make way for a new appointment, regardless of whether it is considered suitable by someone. The competition is completely illegal and without legal basis. The Law on Inspections requires that every executive agency have approved regulations and job descriptions. These have been missing," he said. 

KOHA has requested answers on this case from MESTI, the Department of Supervision of Public Officials and IOMSCK since July 8.

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But in a response from the Independent Oversight Council for Civil Servants, it is assessed that the competition to replace Gashi is legal.

"We inform you that the finding that all evidence and the legality of the competition for the position of Director General at the Inspectorate of Education have not been reviewed cannot be sustained, because according to this decision, in addition to all evidence being reviewed, the legality of the competition has also been reviewed and it has been established that this procedure was conducted in accordance with Law No. 08.L-197 on Public Officials."

However, according to Article 79 of the Law on Public Officials, in cases where an official has had a permanent mandate, he must be appointed to a 4-year mandate or be extended for another mandate in senior management positions.

Lawyer Fitim Klinaku also says that Defrim Gashi has been denied this right through actions that contradict the law in force.

"The first mandate is 4 years, with the possibility of re-election for another 4 years, if the public official in a managerial position has a better than average performance. So, we have a collision of laws and contracts that these officials had previously. In cases where officials are not signing contracts with a specific mandate and the institution is terminated, this is contrary to the law, and we tell those officials whose contracts have been terminated to initiate proceedings in court," said Klinaku. 

And in a previous case, the IOMSCK had canceled a competition for the director of the Forestry Agency, simply because the field of education was not specified.

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But in the case of the Education Inspectorate, even though the shortage was the same, the competition was not canceled.