The Administrative Court again annulled the Government's decision on the dismissal of Kurti

The Administrative Court again annulled the Government's decision on the dismissal of Artan Kurti, the Inspector General of the National Security Agency (ANB).

By the Government's decision of April 18, Kurti was dismissed for the second time from his duties as inspector general at ANB.

"Finding that the conditions from the Law on Administrative Disputes have been met, the Administrative Court, in a judgment dated June 18 of this year, decided in a dispute of full jurisdiction in such a way that it accepted the lawsuit and annulled the decision on the dismissal of the inspector general in ANB dated April 18 of this year ", was published today on the court's website.

It is stated that the ruling of the Administrative Court of March 4 annulled the Government's earlier decision on the dismissal of Kurti from November 9 of last year and that the case was returned to the defendant for retrial.

The Administrative Court said that in their decision they pointed out to the Government the shortcomings of the reasons for the contested decision.

As they said, the disputed decision, apart from the mere reference to the procedural laws establishing the Government's authority to issue a decision on dismissal, does not contain any concrete and clear reason for the fulfillment of the conditions for the application of Article 60 paragraph 2 of the Law on Civil Servants and State Employees.

"The defendant's duty regulated by Article 56 of the Law on Administrative Disputes, after the court's decision annulling its decision, is not exhausted by observing the deadline prescribed in paragraph 2 of the cited article for the adoption of a new decision, but it refers primarily to the obligation to respect the legal understanding and remarks pointed out by the court's verdict", the court stated.

As they said, the Government made the same decision in the retrial, acting contrary to the legal obligation.

"With the simple statement that the decision was made in the execution of the judgment of March 4 this year, even though the decision is affected by the same violations of procedural law and is based on wrongly and incompletely established facts," added the court.

They emphasized that it is within the undoubted competence of the Government to appoint and dismiss the inspector general in terms of the provisions of Article 40 paragraph 3 of the Law on ANB.

"However, the discretionary right of the appointing authority, i.e. the dismissal of an appointed person before the expiration of the mandate, represents decision-making only on the basis and basis of a legal norm, and by no means an arbitrary and legally unbound action, as it is very often misunderstood and misunderstood in practice," it is said. in the announcement.

It is stated that discretionary action cannot imply either establishing or prescribing norms, nor can it mean denying and ignoring them.

"Undoubtedly, the body's authority to make a decision on the dismissal of an appointed person before the expiration of the term for which he was appointed does not give that body the right to base the reasons for the dismissal on the facts that the Law on Civil Servants and State Employees, but also the Law on ANB, as lex specialis , does not recognize as a basis for making the disputed decision", the statement added.

As they stated, after discussing the disputed legal matters as a whole, the Administrative Court invalidated the contested decision of the Government as illegal, without returning the case for further processing and decision.

"By eliminating the contested decision from legal circulation, the legal force of the Prime Minister's proposal also ceases, for which reason it was not necessary to decide on the merits of the proposal, as the act that initiated the procedure for dismissing the prosecutor, since the same act shares the legal fate of the annulled decision," he says. in the announcement.

In May, Kurti filed a criminal complaint against Prime Minister Milojko Spajić, in which he claims that the Prime Minister abused his official position when he dismissed him for the second time.

On April 3, the Administrative Court overturned the Government's decision dismissing Kurti, after the Government had dismissed him for the first time in November 2023.