Million-dollar consequences of disobeying the Constitution

The impasse in the constitution of the Assembly has also had consequences for the budget. The failure to approve the amendments to the Law on Salaries in the Public Sector, which the Constitutional Court has requested, alone is expected to cost the state 35 million euros in court proceedings following lawsuits filed by thousands of workers.

Since last August, the Kosovo Assembly has not complied with the Constitutional Court's decision to make changes to the Law on Salaries in the Public Sector, with the aim of restoring the work experience allowances that were halved.

Gzim Shala, a researcher at the Kosovo Law Institute, said that thousands of public sector employees have sought the right recognized by the Constitution through the courts.

"We have over two thousand lawsuits filed in court so far and procedural costs to a considerable extent have only been created. What should have happened in this specific case is for the Assembly of Kosovo to stop the further creation of unnecessary procedural costs. This is also the reason why it is necessary for the Assembly to regulate this issue as soon as possible and that among the first tasks of the Assembly after its constitution should be addressing this issue in the Law on Salaries in the Public Sector", said Shala.

The Law on Salaries in the Public Sector reduced the percentage of the bonus for work experience from 0.5 percent to 0.25 percent for each of the first 15 years of work. On February 1, 2024, the Court found that this reduction is contrary to the Constitution and obliged the Assembly to amend the provision by August 1, 2024, returning the bonus percentage to at least 0.5 percent.

But about 15 months after the judgment entered into force and 9 months after the constitutional deadline for completing the law, the Assembly has not taken any action and is currently without legislative power since it is not constituted.

Shala says that if it is not constituted soon, the state budget could be damaged by tens of millions of euros, due to the cost stemming from procedural expenses in the courts.

"Based on the analysis of the Kosovo Justice Institute, at a minimum, if cases proceed through the court in this way, the procedural costs alone, not counting the main claims, are around 35 million euros," he emphasized.

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Vjollca Shala, vice president of the United Union of Education, Science and Culture, said that each teacher, since the entry into force of this law, has been damaged by approximately 600 euros.

"It was supposed to be retroactively from February 5, 2024 to those who have up to 15 years of experience. So it has harmed education, science and culture workers with almost a salary for this period that has not been paid," said Shala.

Shala emphasized that approximately 35 education employees have filed around 60 active lawsuits in the courts, mainly with claims related to the collective agreement. She said that there is a possibility that another 30 lawsuits by teachers will be added, for the realization of the right that stems from the Law on Salaries.