The Ombudsperson published the Report on annulment of the recruitment process by MIA for the position of Inspector/ investigator
The Ombudsperson’s Report with Recommendations has been delivered today to the Prime Minister of Republic of Kosovo, to the Minister of Internal Affairs and Chief Executive of the Police Inspectorate concerning the Decision of the Kosovo Police Inspectorate, dated 29 December 2017, on annulment of recruitment process for the position of Inspector/ Investigator, advertised on 24 of July 2017.
The case has been initiated Ex-Officio by the Ombudsperson, with the aim on assessing the decision of the Minister of Internal Affairs, related to suspension on signing contracts for successful candidates on the vacancy advertised by the Police inspectorate of Kosovo for the post of Inspector/investigator and the request for complete annulment of the recruiting process.
In the reasoning provided by the Minister of Internal Affairs on suspension of contract signing, was pointed out that this decision was brought due to great number of complaints received by himself and the Prime Minister from candidates who failed to be recruited for the above mentioned vacant position and was based on Article 10 of the Law No. 03/L-128 on Internal Audit as well as Article 9 paragraph 1, sub-paragraph 1.4, 1.5, and Article 16 of the Regulation no. 02/2011 on the Areas of Administrative Responsibility of the Office of the Prime Minister and Ministries. Minister of the MIA did not provide any explanation on enforcement or non-enforcement of the AI No. 1/2017 on the Procedures Related to KPI Employees Work and Employment Criteria, based on which the vacancy has been announced.
In his Report the Ombudsperson analyzed the legal ground, which has served as the legal base of the Minister of MIA in justification provided and evaluated it as irrelevant in the given case.
Functioning of KPI is based on the Law on Police Inspectorate, which defines it as an executive institution of MIA, independent from Kosovo Police, which functions under the authority of the Minister and under the control and supervision of the Chief Executive of KPI.
Furthermore, in his Report the Ombudsperson evaluates that the Law on KPI has clearly made the division between responsibilities of the Minister and the KPI Chief Executive and in view of that, Chief Executive is the responsible body, in charge of recruiting of personnel.
The Ombudsperson evaluates that the Minister’s request for annulment of the finalized procedure is an exceed of his legal competencies, in the same manner how the decision of the Chief Executive for annulment of the procedure, according to Minister’s request, is a surpass of legal competencies by the Chief Executive and rises a sequence of legal and constitutional issues in the light of human rights and rule of law.
The Ombudsperson considers that with annulment of recruitment process the following principles have been breached: Principle of lawfulness, Article 4 (paragraph 1 and 2); Principle of objectivity and impartiality, Article 7; Principle of legitimate and reasonable expectations, Article 8; The principle of the right to legal remedies, Article 13 – determined with the Law on General Administrative Procedure, which constitute essential elements of a regular process.
In his Report, the Ombudsperson ascertains that the Decision for annulment of the recruitment process displays authorities’ failure to be unbiased and impartial in the course of exercising their functions, which proves that there was an intrusion on the right of successful candidates to establish working relationship, guaranteed by Article 49 of the Constitution.
The Ombudsperson points out that the state, in certain cases, has the right to intrude into the guaranteed rights, but, any intrusion or restriction of these rights can be done “solely by law” and when these have "legitimate purposes” which are indispensable for a democratic society. In this case under review in this Report, the Ombudsperson ascertains that the Decision of the Minister of the MIA for annulment of signing the contracts with successful candidates and the Minister’s request addressed to the KPI Chief Executive for rendering a decision on annulment of recruiting process of the date 29 December 2017, comprise deeds that infringe: candidates’ right on work and exercise of profession, the right to a fair and impartial trial and the right to an effective legal remedies.
Based on analyses, assessments and ascertainments, the Ombudsperson recommends to the Minister of the MIA to withdraw the request through which he has requested from the Chief Executive annulment of the recruitment process in KPI as well as to refrain from intrusions in organizing and hiring of personnel as well as on taking decisions on issues that rests with KPI functions, while to KPI Chief Executive the Ombudsperson recommends that in compliance with the Law, undertake actions on annulment of the Decision No. pro. 01/112/2754/1, of 29 December 2017.
Report with Recommendations, in its full form, has been delivered to the responsible authorities. The same has been disseminated to media and published on OI official web page, in the following link: http://www.ombudspersonkosovo.org/repository/docs/Ex_Officio_rasti_nr_731-2017____364686.pdf