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 introducing a harmful legal and legislative practice, interfering with the Law on Salaries in the Public Sector.
In the reaction of FOL Movement, it is stated that article 9 of the Law on Public Sector Salaries has determined that the monetary value of the salary coefficient of public sector employees is determined by the annual budget law, while in no case has the Government of the Republic of Kosovo been authorized to change the structure of the coefficients with the annual budget law, except as defined in the Law on Salaries 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”, reads the reaction.
It is further stated that changes in the Law on Salaries through the Law on the Budget may raise questions about the coherence and sustainability of the legal system. Furthermore, this practice may pave the way for other changes of specific laws 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 reaction it is stated that “Consequently, we ask the MPs 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, in order to avoid dangerous precedents that could harm the interests of citizens”.
