The legality of the Assembly's decision on the retroactive payment of former MP Gashi is questioned

The Assembly has been called upon by the Rules of Procedure to award former MP Fadil Gashi around 24 thousand euros in transitional salary retroactively, although the payment is provided for by Law and the right to it is recognized immediately after the end of the mandate and not retroactively. Lawyer Anton Nrecaj estimates that the decision may be legally problematic, since the law does not provide for retroactive payment and the regulation cannot have power over the law.

The Assembly has not provided a legal justification for its decision to retroactively award former MP Fadil Gashi a 12-month transitional salary, worth around 24 euros, even though he applied for it a year late.

In a response to KOĞA, returned by the Assembly almost a week after the questions were sent, it is stated that the salary was distributed based on the Assembly's Rules of Procedure, but no legally justified decision was sent.

"The request has been addressed to the Presidency and, based on the Assembly's Rules of Procedure, the Presidency decides on the financial means," the Assembly's response states.

Article 19 of these Rules of Procedure states that the Presidency of the Assembly decides on the financial means and on the creation of working conditions for the Deputy Speakers of the Assembly, parliamentary groups and their staff, committees, deputies and the Administration of the Assembly.

However, it is the Law on the Rights and Responsibilities of the Deputy that determines when the transitional salary is granted.

also Arberi 2 months ago The Assembly allowed the former MP to retroactively receive the transitional salary but does not provide the legal justification

Its Article 16 states that the transitional compensation, which is the value of the basic salary of around 2 thousand euros, is given from the day of the end of the mandate for 12 consecutive months and it does not mention whether this salary can be given retroactively.

To apply for this salary, the MP of the 8th legislature, Gashi, had time from March 3 to 10, 2025.

Lawyer Anton Nrecaj estimates that if there is no legally justified decision or a clear legal basis that allows for retroactive payment after the deadline has expired, then the Presidency's decision can be considered problematic from the perspective of legal certainty and equal treatment.

"First, the Law on the Rights and Responsibilities of the Deputy, specifically Article 16, defines the right to transitional compensation as a right that is realized 'from the day of the end of the mandate' and until the realization of income from another source or pension. From the wording of the provision, it results that this right has an immediate character and is directly related to the period after the end of the mandate, and not to an unlimited request in time. If the Assembly has also set a procedural deadline for application, then failure to respect that deadline should produce legal consequences," said Nrecaj.

Meanwhile, regarding the Assembly's reasoning that they are based on the Regulation, Nrecaj says that the Regulation cannot override the Law.

"The hierarchy of legal acts is clear: the law has higher legal force than the regulation. Article 19 of the Regulation, which gives the Presidency the power to decide on financial resources, cannot be interpreted as an authorization to expand or change the material rights defined by law. The Presidency can administer the manner of realization of the resources, but not create new rights or bypass the established deadlines," he said.

Asked whether this right requested after the deadline by Gashi could belong to any MP from previous legislatures who did not receive the transitional salary, the Assembly said that "they cannot prejudice the decision-making of the Presidency in the future."

also Arberi 2 months ago Former MP Fadil Gashi asks the Assembly for the 12 salaries he did not receive after his mandate

But lawyer Nrecaj says that such a decision could create a basis for other former MPs to demand the same treatment, citing the principle of equality.

The Assembly has not made available to KOHA the transcript of the presidency meeting in which the decision to grant retroactive transitional compensation to MP Gashi was made.