April 17 2019, Academy of Justice within its Continuous Training Program (CTP) conducted training on the “Procedure in the IOBCSK and judicial protection in labor disputes of Civil Service of the Republic of Kosovo”.
Purpose of this training was to extend the judges knowledge on correct application of legislation of Kosovo Civil Service and the by-laws governing this area, as well as implementation of the Independent Oversight Board’s decisions, in judicial proceedings, as well as avoiding dilemmas on respective legal provisions.
First part of this training elaborated on the following: legal provisions for civil servants; legal procedure at the IOBSCK, enforcement of the IOBSCK decisions and legal remedies against them, as well as procedure in cases when IOBSCK decisions are not enforced.
Second part of the training covered the following aspects: judicial procedure in labor disputes for civil servants, according to the lawsuit for administrative dispute, judgment in administrative conflict and legal remedies in administrative conflict, as well as examples from the courts-s case law related to the procedure in issues that relate to the civil servants.
Focus of this training was on the procedure that takes place at the Independent Oversight Board of Kosovo (IOBSCK) and judicial protection in labor disputes with focus on Civil Service of the Republic of Kosovo when the rights of civil servants are violated. It was highlighted that both the IOBSCK and the courts have dilemmas and uncertainties related to their competence to decide about these disputes. Also, there are difficulties that relate to non-application of some of the IOBSCK decisions, enforcement of court decisions and application of constitutional standards of the labor law. Valuable part of this training were also analysis of decisions and interpretation that relate to regular courts, Independent Oversight Board, Supreme Court, and Constitutional court that were presented by the trainers.
Participants in this training had the opportunity to elaborate through some case law examples about legal provisions that regulate the judicial procedure in labor disputes for civil servants.
Beneficiaries were judges of the Administrative Department of the Basic Court and of the Appeals Court, judges of civil divisions, general departments of Basic courts and professional associates as well as IOBSCK officials.
17-04-2019