Government ignores Constitutional Court decision

The Serbian government has been ignoring Constitutional Court’s decision for seven months by paying so-called “Kosovo bonus”. The government allocates about RSD 1bn a month for the salaries and the Kosovo bonus for employees in Kosovo whose wages are paid from the Serbian budget. Government ignores Constitutional Court decision Just over 43,000 people receive the bonus, 50 percent higher salary or a temporary financial compensation for those who used to work in state-owned companies in Kosovo until 1999, regardless of their current place of residence. The Constitutional Court decided on August 10, 2010 to revoke the government’s conclusion based on which the Kosovo bonus had been paid, claiming that it was contrary to the Constitution and the law. The court pointed out that the government had overstepped its authority when it adopted the regulations since they referred to a field which is governed by the law. The Serbian government has, however, ignored the decision of the highest legal institution in the country and adopted a new conclusion 16 days later, instructing all institutions to continue to pay the Kosovo bonus. Serbian Minister for Kosovo Goran Bogdanovic has stated that “he is not a jurist” but that “the government legislation certainly took care of that”. “This conclusion was changed, unlike earlier conclusions, meaning it is not the same. A completely different matter has been comprised. I simply cannot believe that the government can pass something that is contrary to the Constitution and the laws,” he told B92. Experts, however, do not doubt that the government’s actions have been anti-Constitutional since it adopted the conclusion after the Constitutional Court’s ruling. Former Constitutional Court Judge Zoran Ivosevic wonders how other institutions will treat the court “if the government is ignoring the Constitutional Court”. “This is exactly what it means. The Constitutional Court already said that it cannot be done with conclusions, but they have done it again,” he stressed. The government instructed the Ministry for Kosovo to without any delay prepare a law that would regulate the issue, but the draft law still has not been submitted to the government. “This is a very sensitive law that requires detailed preparation, bearing in mind that this is about the issue that survival of the Serbian community depends on. It does not only depend on the Ministry for Kosovo and Metohija. This is a very sensitive law and we need to harmonize all norms and obligations. Kosovo and Metohija is under the UN patronage, we must take care of that as well,” Bogdanovic said. “Without delay means immediately. It has been almost a year since the decision was made, it has been eight months since the decision was announced. All standards that legally mean immediately, meaning without delay, have passed,” Ivosevic underlined. Article 71 of the Serbian Constitution says that everybody is obliged to respect and implement the Constitutional Court’s decisions. Paradoxically enough, if there is a problem in implementation of the Constitutional Court’s decisions, the government ensures their implementation but it is the government itself that is violating the court’s decision in this case.

Government ignores Constitutional Court decision

Just over 43,000 people receive the bonus, 50 percent higher salary or a temporary financial compensation for those who used to work in state-owned companies in Kosovo until 1999, regardless of their current place of residence.

The Constitutional Court decided on August 10, 2010 to revoke the government’s conclusion based on which the Kosovo bonus had been paid, claiming that it was contrary to the Constitution and the law.

The court pointed out that the government had overstepped its authority when it adopted the regulations since they referred to a field which is governed by the law.

The Serbian government has, however, ignored the decision of the highest legal institution in the country and adopted a new conclusion 16 days later, instructing all institutions to continue to pay the Kosovo bonus.

Serbian Minister for Kosovo Goran Bogdanović has stated that “he is not a jurist” but that “the government legislation certainly took care of that”.

“This conclusion was changed, unlike earlier conclusions, meaning it is not the same. A completely different matter has been comprised. I simply cannot believe that the government can pass something that is contrary to the Constitution and the laws,” he told B92.

Experts, however, do not doubt that the government’s actions have been anti-Constitutional since it adopted the conclusion after the Constitutional Court’s ruling.

Former Constitutional Court Judge Zoran Ivošević wonders how other institutions will treat the court “if the government is ignoring the Constitutional Court”.

“This is exactly what it means. The Constitutional Court already said that it cannot be done with conclusions, but they have done it again,” he stressed.

The government instructed the Ministry for Kosovo to without any delay prepare a law that would regulate the issue, but the draft law still has not been submitted to the government.

“This is a very sensitive law that requires detailed preparation, bearing in mind that this is about the issue that survival of the Serbian community depends on. It does not only depend on the Ministry for Kosovo and Metohija. This is a very sensitive law and we need to harmonize all norms and obligations. Kosovo and Metohija is under the UN patronage, we must take care of that as well,” Bogdanović said.

“Without delay means immediately. It has been almost a year since the decision was made, it has been eight months since the decision was announced. All standards that legally mean immediately, meaning without delay, have passed,” Ivošević underlined.

Article 71 of the Serbian Constitution says that everybody is obliged to respect and implement the Constitutional Court’s decisions.

Paradoxically enough, if there is a problem in implementation of the Constitutional Court’s decisions, the government ensures their implementation but it is the government itself that is violating the court’s decision in this case.