The Government of Kosovo, through the provision of Article 33 of the Draft Law on budget allocations for the Budget of the Republic of Kosovo for the year 2025, which has been proposed to the Assembly of Kosovo, is establishing a harmful legal and legislative practice, interfering with the Law on Wages in the Sector Public.
In the reaction of FOL, it is stated that article 9 of the Law on Public Sector Wages has determined that the monetary value of the wage coefficient of employees in the public sector should be determined by the annual budget law, while in no case has it authorized the Government of the Republic of Kosovo to change the structure of the coefficients with the annual budget law, except as defined in the Law on Wages in the Public Sector.
"This proposed practice has raised concerns about the way followed, as it does not fully respect the provisions of the Law on Salaries in the Public Sector, which is a special law (lex specialis) that defines in detail the structure and levels of salaries in the public sector. Its change through another special law, such as the annual Law on budget allocations for the Budget of the Republic of Kosovo, creates a wrong precedent in legal and legislative practice, bypassing the usual procedures for legal changes in the Assembly", the reaction says.
It is further stated that changes in the Law on Wages through the Law on the Budget may raise questions about the coherence and sustainability of the legal system. Moreover, this practice may pave the way for other specific law changes through different laws in the future, which may be used inappropriately.
"Changes in the laws must be carried out through the legislative procedures provided for, respecting the principles of transparency and the involvement of interested actors. This alone guarantees that any change is well-researched, sustainable and complies with constitutional and legal principles.
At the end of the response it is stated that "Consequently, we ask the deputies of the Assembly of Kosovo to act responsibly and protect the integrity of the legal system of Kosovo, ensuring that any legal changes are approved only in accordance with constitutional and legal procedures and principles , to avoid dangerous precedents that could harm the interests of citizens".