The Supreme Court has approved the lawsuit filed by the Kosovo Democratic Institute (KDI) against the Government of Kosovo and has annulled Article 6, paragraph 6, of the Regulation on Compensation for Official Travel and Representation Expenses, KosovaPress reports.
The plaintiff, KDI, filed a lawsuit with the Supreme Court against the defendant, the Government of Kosovo, seeking the partial annulment of a normative sub-legal act, specifically paragraph 6 of Article 6 of the Regulation on Compensation for Official Travel and Representation Expenses.
After reviewing the case, the Supreme Court assessed that the plaintiff’s claim is well-founded and that the contested provision is contrary to the legislation in force.
Article 6 of this Regulation sets a limitation whereby official travel expenses are not covered for periods longer than one month; however, this one-month limitation on the coverage of official travel expenses is not provided for by law.The Government is authorized only to regulate the manner, conditions, and procedure of compensation, but not to restrict this right itself, the Supreme Court recalls.
The Supreme Court assesses that the one-month limitation is not merely a technical rule, but infringes upon a right guaranteed by law and exceeds the Government’s competencies.