Prishtina, 3 September 2026 – Through this opinion, the Ombudsperson aims to provide a general analysis of Decision No. 02/07 of the Government of the Republic of Kosovo on the payment of the thirteenth (13) salary and the effects created by its implementation, in light of the respect for legal standards related to the principle of equality, proportionality, legitimate expectations, legal certainty and protection of property rights of employees who receive a salary from the budget of the Republic of Kosovo.

The Ombudsperson, through this opinion, assesses that the normative determination of the 13th salary, as was the case with Law No. 10/L-001 on Budget Allocations for the Budget of the Republic of Kosovo for 2026, in Article 32, paragraph 1, creates legitimate expectations for its realization as a subjective right, of a property nature, which is directly related to the provisions of Article 1, Protocol 1 of the European Convention on Human Rights (ECHR).

The Ombudsperson emphasizes that administrative decisions and criteria, which are issued to implement a legal norm, cannot reduce the rights that are expressly defined by law, consequently they cannot exceed the legal definition, and establish other criteria by violating the legally defined rights of the subjects.

The Ombudsperson considers that such an action, as happened with Decision 02/07 of the Government of the Republic of Kosovo, violates the legitimate expectations and legal certainty of employees who receive a salary from the budget of the Republic of Kosovo, which are important elements of the rule of law.

The Ombudsperson emphasizes that the normative regulation of the 13th salary should ensure equality among beneficiaries, through clear and reasonable legal criteria, and which do not violate the purpose for which the 13th salary is provided.

The Ombudsperson considers that this opinion can serve as advice to the Government of the Republic of Kosovo and the Assembly of the Republic of Kosovo, so that in cases of approval of acts related to the 13th salary, they should take into account the inclusiveness and equal treatment of all employees who have met the conditions according to the legal provisions regarding the benefit of the 13th salary.

The Opinion in English soon available at www.oik-rks.org