Pristina, 20 March 2025 – The Kosovo Law Institute (KLI) today organized a discussion meeting with representatives of political parties elected to the 9th Legislature, representatives of public sector unions, and representatives of civil society organizations.
The meeting focused on the non-implementation of the Constitutional Court’s Judgment concerning the Law on Salaries in the Public Sector and included the publication of KLI’s report titled: “The Assembly’s Inaction Violates the Rights of 90,696 Public Officials and Puts the State Budget at Risk.”
In his opening remarks, Naim Jakaj, Senior Researcher at KLI, emphasized that in a country governed by the rule of law, it is unacceptable for institutions to fail to implement decisions of the Constitutional Court.
“This practice is not only harmful but also dangerous — because we are not dealing with the disobedience of ordinary citizens, but with institutions elected by citizens,” said Jakaj.
Gzim Shala, Senior Researcher at KLI, stated that the Assembly had a constitutional obligation to amend and supplement Law No. 08/L-196 on Salaries in the Public Sector by 1 August 2024 regarding the percentage of payment for work experience — an obligation that it failed to meet.
“Constitutional Court judgments have the same legal force as constitutional norms. Therefore, the Assembly’s failure to act on its obligation set by the Court constitutes a violation of the Constitution of the Republic of Kosovo,” said Shala.
He further warned that continued inaction could damage the state budget by over €35 million.
“If the Assembly fails to act and public officials are forced to seek redress through the courts, approximately 90,000 new cases could flood the judiciary, which would have to process them individually. This would severely burden the judicial system and financially damage the state budget due to procedural costs. Based on general calculations, Kosovo’s budget could lose around €35,770,502 in procedural expenses — excluding legal interest and potential enforcement costs,” Shala explained.
Përparim Gruda, MP from the Democratic Party of Kosovo (PDK), described the situation as unacceptable for a democratic country.
“It is unimaginable for a democratic state not to respect the decisions of its Constitutional Court. This is not merely a case of governmental inaction — it reflects a structured approach that treats the rule of law as negotiable,” Gruda said.
He pledged that one of his first actions as a Member of Parliament would be to initiate steps toward implementing the Court’s decision.
“I publicly commit that implementing this judgment will be among my first priorities,” he added.
Armend Zemaj, MP from the Democratic League of Kosovo (LDK), noted that the Assembly had been largely nonfunctional from February 2024 until election day, preventing any new legislative initiatives.
“Kosovo has slipped into a situation of legal and constitutional instability. You can’t take initiatives as an MP or as the opposition when the parliamentary majority blocks you,” Zemaj stated.
He added that this was not the only instance of constitutional violation, pointing out that several other laws and decisions had been adopted in breach of the Constitution.
“If this continues, the damage will be significant, as public administration employees will start filing lawsuits — as has already happened with collective contract disputes that have heavily burdened the state budget through accrued interest,” Zemaj warned.
He also confirmed that once the new Assembly is constituted, he and other MPs will initiate legislative amendments to the Law on Salaries in the Public Sector.
Key Conclusions from the Meeting
- On 5 February 2023, Law No. 08/L-196 on Salaries in the Public Sector entered into force, reducing the work experience supplement from 0.5% to 0.25% for the first 15 years — thereby violating the rights of over 90,000 public officials. In Judgment KO79/23, the Constitutional Court found that this amendment was inconsistent with the Constitution and the European Convention on Human Rights. The Court did not annul the provision but ordered the Assembly to restore the supplement to at least 0.5% by 1 August 2024, effective from 1 February 2024. Despite this constitutional obligation, the Assembly failed to act, violating both the constitutional norm and the rights of public officials. This inaction not only undermines their rights but also worsens Kosovo’s socio-economic situation.
- In the absence of legislative action, public officials have the right to seek judicial protection for compensation of the damages caused. Such a process could flood the judiciary with over 90,000 cases, severely impacting efficiency and imposing a heavy financial burden on the state budget. Estimates indicate that procedural costs alone could exceed €35.7 million, excluding interest and enforcement expenses.
- To avoid this outcome, one of the first actions of the 9th Legislature of the Assembly of the Republic of Kosovo should be to amend and supplement Law No. 08/L-196 on Salaries in the Public Sector in accordance with the Constitutional Court’s ruling.