KLI: Government to annul unlawful decision for the allocation of 95.000 euros

KLI: Government to annul unlawful decision for the allocation of 95.000 euros

KLI: Government to annul unlawful decision for the allocation of 95.000 euros

Pristina, 19 June 2019 – Kosovo Law Institute (KLI) reacts against Decision No.10/104 adopted by the Government of the Republic of Kosovo, on 23 May 2019, for the allocation of financial means in the amount of 95.000 euros, for drafting of sub-legal acts and the necessary preparations for implementation of the Laws on Public Administration Reform.

The above-mentioned decision seriously violates the principles of the rule of law and good governance.

From the KLI’s analysis regarding the above mentioned decision it results that the Government of Kosovo acted in contradiction of these principles, by adopting a decision that is in contradiction with the applicable laws in Kosovo, by providing additional compensation for a certain category of civil servants to perform duties and responsibilities, as set out in the law and employment contract. Moreover, the list of persons that benefit from such a decision of the government are mainly senior positions in the civil service, where most have the position of directors or heads of divisions or other offices in the Office of the Prime Minister or certain ministries.

The Government’s decision is in contradiction with at least two laws, Law on Civil Service of the Republic of Kosovo and Law on Public Financial Management. Non-reaction of the government and non-annulation of this decision will have legal consequences within the criminal sphere, namely the violation of the provisions of the Criminal Code of Kosovo and Law on Prevention of Conflict of Interest in the exercise of public function.

KLI requests from the Prime Minister and the governmental cabinet to reflect, by annulling Decision No.10/2014 of 23 May 23 2019.

For more regarding this request, KLI addressed an official letter to the Prime Minister Haradinaj and Ministers of Government to reflect on this unlawful decision, by annulling it.

If Prime Minister Haradinaj and the governmental cabinet do not reflect, prosecute bodies are invited to implement legal obligations towards investigation of this decision and its unlawful benefits.

Find attached also the letter sent to the Prime Minister and the governmental cabinet.

Leter nga IKD per z. Ramush Haradinaj dhe Ministrat e Qeverise. 18.06.2019