The government is proposing flawed legislative practices that undermine legal certainty.

Pristina, November 7, 2024 – The Government of the Republic of Kosovo, through the provision of Article 33 of the Draft Law on Budget Allocations for the Budget of the Republic of Kosovo for 2025, which has been proposed to the Assembly of the Republic of Kosovo, is establishing a harmful legal and legislative practice, by interfering with the Law on Salaries in the Public Sector.

Accordingly, Article 9 of the Law on Salaries in the Public Sector has determined that the monetary value of the salary coefficient of employees in the public sector shall be determined by the annual budget law, while in no case has it authorized the Government of the Republic of Kosovo to change the structure of the coefficients with the annual budget law, except as determined in the Law on Salaries in the Public Sector.

This proposed practice has raised concerns about the manner in which it is being 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 determines in detail the structure and levels of salaries in the public sector. Its amendment 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 amendments in the Assembly.

Amendments to the Law on Salaries through the Law on Budget may raise questions about the coherence and sustainability of the legal system. Furthermore, this practice may pave the way for other amendments to specific laws through different laws in the future, which could be used inappropriately.

Amendments to laws should be carried out through the legislative procedures provided for, respecting the principles of transparency and stakeholder involvement. Only this guarantees that any change is well-researched, sustainable and in line with constitutional and legal principles.

Consequently, we call on the members of the Assembly of Kosovo to act responsibly and protect the integrity of Kosovo’s legal system, ensuring that any legal change is adopted only in accordance with constitutional and legal procedures and principles, to avoid dangerous precedents that could harm the interests of citizens.