Resolution

Constitutional review of the Joint Statement No.122/08, dated 14 October 2008

Case No. KI 05/11

Applicant: The Trade Union Health Federation of Kosovo

The applicant filed a referral pursuant to Article 113.7 of the Constitution of Kosovo asserting that their rights under Article 93 [Competencies of the Government], paragraphs 6 and 7, of the Constitution, Article 23.2 of the Universal Declaration of Human Rights and Articles 62 [Municipal Directors], paragraph 3, and 24 [Basic Principles of Municipal Finances], 4, of Law on Local Self-Government, (No. 03 – L-040), was infringed by the Joint Statement No.122/08, dated 14 October 2008, concluded between the Applicant, the Central Strike Council and the Ministry of Health of the Republic of Kosovo, which granted the Applicants an increase of salary, The Court held that the Referral was inadmissible because the Applicants have not exhausted all legal remedies available to them under applicable law as provided by the UNMIK Regulation 2001/36 on Kosovo Civil Service or Law No.03/L –212 on Labour.

Applicant:

The Trade Union Health Federation of Kosovo

Type of Referral:

KI – Individual Referral

Type of act:

Resolution

Legal remedies are not exhausted

Type of procedure followed before other institutions :

administrative