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24.5.2017

The Ombudsperson published legal opinion in capacity of friend of the court (Amicus Curiae) related to the lawsuit of Ferizaj Municipality against Ministry of Labor and Social Welfare

The Ombudsperson has delivered a legal opinion in the capacity of friend of the Court (Amicus Curiae) to the Department for Administrative Matter of the Basic Court in Prishtinë related to the lawsuit of Ferizaj municipality against the Ministry of Labor and Social Welfare (MLSW) concerning employment of educational staff by Directorate of Education in Ferizaj municipality.
This legal opinion is focused in clarification of legal procedures concerning recruitment process of educational staff, in the vacancies advertised by Municipal Directorates of Education in Kosovo, based on outcomes and findings of the Ombudsperson, after initiation of ex-officio investigations related to this issue.

After facts gathered and legal analyses conducted as well as based on international instruments, the Ombudsperson has concluded that Article 2, paragraph 2, of the Law on Labor, obliges MDEs in Kosovo to implement specific legal provisions which regulate the issue of employment of educational staff in institutions of Pre-University Education (Article 35 of the Law on Pre-University, Article 4, of the Law on Education in the Municipalities of Republic of Kosovo, Administrative Instruction no.17/2009, The selection procedure of education staff at schools; Administrative Instruction no.26/2013, Selection of Employees for Provision of Professional Services in Pre-University Educational institutions)

Furthermore, the Ombudsperson finds out that selection of educational staff for all school subjects is done based on Administrative Instruction no.05/2015, Normative for teachers of vocational education and Administrative Instruction no.06/2015, on Normative for professional staff of general education. All provision mentioned above foresee solution for specific issues from employment relationship in educational institutions and constitute sufficient legal base which is specifically requested according to Article 2.2 of the Law on Labor.

According to the Ombudsperson, Recruitment of educational staff in educational institutions ought to be done in compliance with instructions, procedures and general standards issued by the Ministry of Education, Science and Technology (MEST).

This Legal opinion (Amicus Curiae) in its full form has been delivered to responsible authorities as well as the same has been disseminated to media and has been published on official OI web page : http://www.ombudspersonkosovo.org/repository/docs/Amicus_Curiae_per_GJTHP-DCA_608934.pdf
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