Disapproval of the Law on Salaries in the Public Sector by the Government and the Assembly of Kosovo within the deadline set according to the Judgment of the Constitutional Court, represents a violation of this judgment, disregard of this Court, violation of the Constitution, violation of rights in addition to the salary according to the experience of the work of tens of thousands of civil servants in Kosovo, as well as creating a harmful practice for the promotion of democracy.

This is what Naim Jakaj from IKD stated, saying that with the decision of December 23, 2023, the Constitutional Court (CJK) decided to declare some provisions of the Law on Wages in the Public Sector contrary to the Constitution of Kosovo, and declared the same 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 Judgment in case number KO79/23 entered into force on February 1, 2024", the communiqué states.

This decision of the GJK according to the IKD was an important step in order for the necessary reform in the public sector to be conveyed to employees so that the latter are fairly compensated 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 regarding the first fifteen (15) years of work experience", you are told.

Despite the knowledge of the Government and the Assembly, and moreover that such a judgment is delivered to both institutions and published on the official website of the GJK, according to IKD, 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. 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 happened in 2023 with the delays in approving changes to the Law on Pension Schemes and the Law on Public Officials", the communiqué states.

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 dozens 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 non-initiation of this law until this moment also has a deep and far-reaching impact on the social and economic life of civil servants, since the establishment of new unconstitutional criteria for bonuses based on experience has ruined their livelihood. Failure to initiate the law has direct consequences on the well-being and social stability of thousands of families who rely on these wages to provide for daily needs and contribute to the sustainable development of their communities," it said.

IKD asks the Assembly and the Government of Kosovo to start the procedures for the changes requested by the Court of Justice as soon as possible, to include all interested parties, in particular the Union of Civil Servants, civil society and actors of other interested parties so that the future law is in accordance with the requirements specified in the decision of the Constitutional Court.

"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. The decisions of the Constitutional Court are binding on all institutions and individuals in the Republic of Kosovo, as they represent the final constitutional interpretation. 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", concludes the announcement.