Pristina, 8 August 2019 – We – Civil Society Organisations – have expressed our deep concerns against the attempts of the departing Minister of Integration, Mrs. Dhurata Hoxha, to politicise the institution of MEI by refusing to employ educated scholars from prestigious European universities and instead place public employment based on political party.
In this regard, we have requested from the departing Minister Mrs. Dhurata Hoxha the immediate annulment of public vacancy announcement at MEI, employment of scholars from the scholarship programme YCS and the annulment of any other unlawful measures against civil service at the MEI. Moreover, we call upon the former Prime Minister Mr. Ramush Haradinaj to intervene in restoring the legality within the Ministry of European Integration.
Noticing that none of this has happened and recognising the fact that on 9 august 2019 MEI has continued to advertise for seven (7) calendar days, we have taken further action today.
Today, we – civil society organisations – have addresses a special letter:
› 22 heads of diplomatic missions in Kosovo
› Mahir Yagcilar, departing Minister of Public Administration
› Eshref Shabani, President of the Independent Oversight Board for the Kosovo Civil Service
› Fitim Krasniqi, General Secretary of the Prime Minister’s Office
Within the respective letters, we have given detailed explanations of concrete violations committed by MEI regarding the scholarships of YCS, respectively:
- Law on Ratification of the IPA 2016 Financial Agreement between the Republic of Kosovo and the European Union, no. 06/L-003, published in the Official Gazette on 13 October 2017;
- Regulation no. 02/2010 on Recruitment procedures at Civil Service dated 20 September 2010;
- Republic of Kosovo Government Decision, no. 08/94 dated 10 October 2012.
LAW ON RATIFICATION OF THE IPA 2016 FINANCIAL AGREEMENT BETWEEN THE REPUBLIC OF KOSOVO AND THE EUROPEAN UNION, NO. 06/L-003, PUBLISHED IN THE OFFICIAL GAZETTE ON 13 OCTOBER 2017
The Law on Ratification of the IPA 2016 Financial Agreement between the Republic of Kosovo and the European Union foresaw as a specific obligation the recruitment of scholars in the civil service, after the completion of their studies.
Paragraph 2.2 of Appendix I of the agreement, respectively pg. 23 expressively states that “For the Young Professionals Scheme, the expected result includes an increase in the number of selected candidates (selected on the basis of shortcomings in the professional administrative capacity of the Kosovo civil service) who complete postgraduate studies at EU universities in the relevant fields are then employed in the civil service”. (See Appendix 1).
On the same page, one of the indicators set to measure the success of EU assistance is: “Number of YCS beneficiaries employed“.
In this regard, we direct your attention to appendix II” General Conditions, article 18, pg. 42, that foresees the right of the European Commission to annul the implementation of EU assistance in Kosovo “if the beneficiary of IPA II violates an obligation according to this Financial Agreement”. (See Appendix II).
Therefore, we consider that the Law on Ratification of the IPA 2016 Financial Agreement, as an international agreement ratified at the Assembly of the Republic of Kosovo, clearly specifies Kosovo obligation to secure employment of YCS scholars in state institutions.
REGULATION NO. 02/2010 ON RECRUITMENT PROCEDURES AT CIVIL SERVICE DATED 20 SEPTEMBER 2010
Regulation No. 02/2010 on recruitment procedures at the Civil Service dated 20 September 2010, defines unique recruitment rules and procedures for the Kosovo Civil Service, in conjunction with the Law on Civil Service of the Republic of Kosovo.
Article 9, paragraph 1, states that: “the Head of the Unit where the position will be filled will prepare and submit a recruitment file to the manager of the Personnel unit of the respective institution”. (See Appendix 2)
For the respective vacancy announcements, heads of the respective unit at the MEI have never submitted the recruitment file that includes the official request for the announcement of vacant positions.
Furthermore, the Department of Civil Service Administration at the Ministry of Public Administration with the act of approving the MEI recruitment request and granting authorization to publish the recruitment notice, violated Article 14 of Regulation no. 02/2010 as the MEI request was incomplete as required by Article 9, paragraph 1 (See appendix 2).
Consequently, the whole process to date is being conducted in violation of Regulation no. 02/2010.
REPUBLIC OF KOSOVO GOVERNMENT DECISION, NO. 08/94 DATED 10 OCTOBER 2012
The Decision made by the Government of the Republic of Kosovo, no 08/94 dated 10 October 2012, aim is to “systemise and employ scholars of the European Union and Kosovo Government Project (Young Cell Scheme) within the Kosovo Government”.
The decision foresees consultation procedures between the Ministry of Public Administration and the Ministry of European Integration, before announcing public vacancies with the purpose of employing scholars from YCS.
The Government decision foresees two authorities that must undertake concrete actions foreseen with the Government Decision: (1) The General Secretary of the Ministry of Integration; (2) General Secretary of the Ministry of Public Administration.
These two authorities have full responsibility to secure that prior to announcing any public vacancy announcement have “…sufficient and adequate human resources in the framework of the YCS”.
The public vacancy announcement for professional positions within the MEI, that must be fulfilled by scholars from YCS, the respective secretaries have violated the Government Decision no. 08/94, because they were notified and aware that five positions at MEU exist “…sufficient and adequate human resources in the framework of the YCS”. (See appendix 3).
In conclusion, actions undertaken by the Ministry of European Integration regarding five (5) public vacancy announcements represent:
› Violation of ratified international agreement at the Assembly of the Republic of Kosovo,
› Violation of sub-normative action of the Government
› Risk the annulment of scholarships foreseen for the coming years that will finance education abroad of hundreds of young Kosovars, and
› Risk the suspension of EU assistance in the value of over 45.5 million EURO.
In this regard, we – civil society organisations- invite responsible institutions to execute their authority and undertake immediate action with the purpose of suspending and annulling five (5) vacancy announcement for MEI, and secure the employment of scholars from YCS.
Furthermore, beyond MEI, we invite all state institutions that respect the abovementioned legislation to avoid the public vacancy announcement by securing the employment of scholars from the YCS.
We – civil society organisations- will continue to monitor developments with regards to YCS and will undertake other proportional measures to secure the success of YCS, always with a special emphasis in the fight against nepotism and the creation of an administration with integrity, independent and professional in service of its citizens.
Democracy for Development – D4D
Group for Legal and Political Studies – GLPS
Initiative for Progress – INPO
Kosovo Law Institute – KLI
European Policy Institute of Kosovo – EPIK
Pristina Institute of Political Studies – PIPS
Institute for Development Policy – INDEP
GAP Institute– GAP
Organisation for Democracy, Anti-Corruption and Dignity – Çohu!