15 research outputs found
The effect of using the Government confidence institute
No full textThis paper deals with the effect of using the government\u27s vote of confidence as one of the main instruments of parliamentary scrutiny, which extends the government\u27s political responsibility to parliament. The paper focuses on the comparative analysis of the government confidence institute that directly addresses the political responsibility of the government and the consequences of using this institute in our country and countries of the region. Countries in the region that are in transition such as Albania, Northern Macedonia, Serbia and Montenegro have some common features as well as specifics when it comes to initiative, procedure and legal consequences. The opportunity of claiming a confidence motion against the Government as a control instrument is much more favorable in Macedonia than in other case study countries. How and how has this instrument of parliamentary control been implemented in Kosovo? In Kosovo, the no-confidence motion has been used and approved on two occasions: the no confidence motion against the Thaçi Government and the no-confidence motion against the Mustafa Government. The effect of using the government\u27s vote of confidence in these two cases was the termination of the mandate of the deputies before the end of the mandate, the dissolution of two legislatures, and the holding of new early parliamentary elections in the Republic of Kosovo. Mixed methodology will be used in this paper
The Right to Good Administration in the Republikc of Kosovo
No full textThis scientific paper aims to examine the right to good administration as a fundamental guarantee of protection of citizens rights, as a right which defends us against the arbitrary administrative decisions in the Kosovo. This paper aims to answer the following question: how can we improve good administration in the Republic of Kosovo? Under Charter of Fundamental Rights of the European Union Article 41 is guaranteed Right to good administration. Additionally, Constitution of the Republic of Kosovo Chapter II defines and guaranteed Fundamental Rights and Freedoms. Furthermore, the right to good administration is upheld through administrative procedure, judicial review and public liability. In regrade, The Principles of Public Administration (2023) endorsed by the OECD and the European Commission, sets out what good public governance entails in practice and outlines the main requirements to be followed by countries during the European Union (EU) integration process. Thus, Law No. 05/L-031 on General Administrative Procedure (LGAP)meets the minimum standards of good administration. This right includes: the basic rights of the parties, the right of access to files of the proceedings, the right to be heard prior to final decision and the right to appeal first-instance decisions. In this regard, administrative appeal may also be lodged against administrative inaction, if the public institution has kept silent past the statutory deadline. In this study, analyse the possibility to encode the fundamental principles of the good administration, to modernize the public administration in Kosovo. Furthermore, this study substantiates the need for the legal reform. Methods: In this study, various methodologies are employed, including qualitative, analytical, comparative-legal, descriptive and quantitative (statistical) methods. The results provide insights that the general framework for administrative proceedings how Law No. 05/L-031 on General Administrative Procedure and harmonisation of other procedural laws with the LGAP is not the right solution. For this reason, the authors substantiate the necessary to approved for the Code for Administrative Procedure for putting the principle of good administration into practice, protection of citizens rights and good governance
Amending the constitution of the Republic of Kosovo is a necessity to avoid multiple Institutional crises: a Challenging Future for Constitutional Reform
No full textThis paper addresses the constitutional framework that causes pollical crises and blockades in the formation of institutions in the Republic of Kosovo. Constitutional and electoral democracy in Kosovo determine pollical (ethnic and gender) inclusiveness in the establishment and functioning of Institutions. However, some constitutional norms (Articles 67,86, and 96) are often used as blocking mechanisms in the formation of Institution, despite the clarity and Interpretation of these norms by the Constitutional Court. The purpose of the paper is to identify the causes that generate political crises and blockades in the formation of institutions following the electoral process and beyond. Furthermore, it aims to propose ways to prevent such political and institutional crises through immediate reform of constitutional provisions. The methodology of the study is mixed, applying the method of legal analysis of constitutional norms, examining cases of Constitutional Court judgments, Assembly transcripts, and their comparison, as well as using secondary sources. The research findings indicate the urgent need for constitutional reform to facilitate the formation of institutions. Constitutional changes are challenging and require the achievement of broad political consensus between the Albanian representative majority and the minority representatives in the Assembly. In addition, fostering a culture of consensus in decisionmaking should serve as the guiding principle for resolving political crises and implementing institutional reform, as well as for promoting respect for and implementation of constitutional rules
Necessity of reforming the legal framework for local elections in the Republic of Kosovo
No full textThis paper will address the legal framework for local elections and the need for legal reform to ensure electoral equality in local elections in the Republic of Kosovo. When we analyse the Law (No. 03 / L-072) on Local Elections in Kosovo and compare it with the provisions of the Law (No. 03 / L-073) on General Elections we can notice substantial differences during the voting of candidates for the Municipal Assembly and those for the Assembly of Kosovo.
The two distinctive features set out in Article 7 of the Law (No. 03 / L-072) on Local Elections are: The voter does not have a preferential vote as opposed to the General Election (only one candidate votes on the candidate list) and the list holder is not subject to voting (the vote cast for the political entity is considered as a vote for the first candidate on the list). This creates inequality in the electoral race within the list and secondly stifles internal competition within the same party. For this it is recommended to change the provision which favours the holder of the list compared to the other candidates on the list. It is proposed that with the new provision the holder of the list is also subject to the electoral race as an equal participant with the other candidates within the list. If only the vote for the party is marked on the ballot paper, the vote for the political entity should be counted. The vote cast for the political entity to be considered as a vote for women candidates in the list of candidates of the political entity. In this way, the gender quota of 30% defined by law is more easily met.
The methodology used in this paper is based on the method of collection and analysis of primary and secondary data, the method of legal analysis (analysis of the legal framework for elections and reports of election results) and the comparative method
The procedure of impeachment of the president in Kosovo and Albania: A Comparative Constitutional Approach
No full textIn government systems where branches and powers are separated and balanced (check and balance), impeachment is an instrument of the Parliament for blaming (accusing) the head of state. Initiation of the guilt procedure for violation of the Constitution by the president is rarely put into practice. However, this happens due to the fact that the systems are built in such a way that the guilt procedure initiated by the legislator must necessarily be verified or rejected by the Constitutional Court. This made the presidents stable and influential political actors of the constitutional system. The impeachment procedure against the president is a constitutional process with political effects. The paper deals with the constitutional procedures of raising the impeachment against the president. The approach of dealing with this problem is comparative and constitutional. The research includes the interpretation of constitutional provisions and special cases of the Constitutional Court of guilt as against the president in Kosovo and Albania. The methodology used in this paper is the mixed method and the method of comparative analysis. Case studies common elements and differences between them. The findings from the research reflect the different specifics of the procedures for raising the responsibility of the president in Kosovo and Albania and the procedure for dismissing the president from office in the two countries. In Albania, the president\u27s mandate ends immediately after the verdict of the constitutional court as violation of the Constitution, while in Kosovo, apart from the verdict of the Constitutional Court for violation of the constitution, the Assembly can dismiss the president with two-thirds (2/3) of the votes of all deputies
Reform of the electoral legal framework and depoliticizing the administration of the electoral process in the Republic of Kosovo
No full textThis paper will address the legal framework and administration of the electoral process in Kosovo. The administration of elections includes the structure and composition of the election administration and the organization of elections in general. In the normative framework for elections (in particular Article 139 of the Constitution and Article 61, Article 67 and Article 74 of Law no. 03 / L-073 On the General Elections) we notice that the election administration in Kosovo is structured in three levels: the Central Election Commission (CEC), the Municipal Election Commissions (MEC) and the Polling Station Councils (VCCs). Still, CEC represents the most important institution that administer the entire electoral process. The Constitution defines the structure and the mandate of the CEC and the Law on General Elections defines the structure, mandate and election of members of the CEC , MEC and VCC . The CEC is an independent, permanent body with a Constitutional and legal mandate for the administration of elections in accordance with the rules set out in the Electoral Law. In the analysis of the legal framework, the CEC consists of two types of members: a) political members nominated by political parties represented in the Assembly and decreed by the President, and b) non-political member or head of the CEC coming from the system of Justice or the Supreme Court selected and decreed by the President of Kosovo. The process of consolidating the structures for the administration of the electoral process goes further with the appointment of members of the MEC and VCC with political and non-political composition. This political composition of the CEC is affecting its work, according to the election evaluation reports. In all the reports from the European Union Election Observation Mission as well as in the ‘progress reports’ of the European Commission, on the Parliamentary Elections held in Kosovo during the period 2010-2020, we note that the common recommendation is the reform of the electoral legal framework . The purpose of this research is to find the best model for the administration of the electoral process and to provide recommendations for legal and institutional reforms. The reform of the legal framework should reflect the establishment of an apolitical CEC involving all levels of administration of the electoral process. This would enable organizing free, democratic elections and according to international standards. The methodology used in this paper is mixed. This paper is based on the collection and analysis of primary and secondary data
The Right to a Fair Trial and Within a Reasonable Time Deadline for Administrative Matters in Kosovo
No full textThe Right to a Fair and Impartial Trial is one of the most important rights of the individual. This right is guaranteed with international agreements and instruments, and with the Constitution of the Republic of Kosovo. Within the two Constitution provisions, Articles 31 and 32 explicitly determine that “everyone is guaranteed equal protection of rights in the proceedings before the courts, other state authorities and holders of public competencies ”; Everyone has the right to a fair and impartial public hearing concerning the decisions for the rights and obligations or on any criminal charge brought against him/her within a reasonable time deadline by an independent and impartial tribunal established with the law ; and every person has the right to use legal remedies against judicial and administrative decisions which violate his / her rights or interests ... Whereas, the Law nr. 06 /L -054 on Courts in Kosovo, through Article 17 has determined that the Department of Administrative Affairs of the Basic Court of Prishtina with its jurisdiction over the entire territory of Kosovo, adjudicates and decides on administrative contests according to lawsuits against final administrative acts .... It judges and decides on the resolution of conflicts with competencies and on conflicts arising between different authorities of public administration. The question arises: Is it possible for the Court to carry out and review in practice the administrative matters within a reasonable time deadline?In the paper are raised the research questions, whether the Department of Administrative Affairs has managed to meet its duties and responsibilities? If not, what are the causes, the small number of judges and the large number of cases? Or should the Administrative Court and the Supreme Administrative Court be established?Statistical data show that the Basic Court of Prishtina, Department of Administrative Affairs, from January 2013 to June 2020, received 20.108 cases, of which 13,715 cases were resolved, but at the end of June 2020 remained unresolved 6393 cases. This shows that natural and legal persons and other parties have been waiting for years for the accomplishment of their right and interests, which have been violated with individual decisions or with the actions of public administration authorities. Based on the findings from the research, we have noted that in Kosovo it is necessary to establish the Administrative Court and the Supreme Administrative Court as a specialized institution for judicial control of the legality of the activity of public administration. This would create a certain standard of conduct of the public administration and would be a guarantor for a regular judicial process and within fast and reasonable deadlines, for the legal protection of the constitutional and legal rights, freedoms and interests of the subjects.The methodology used in this paper is mixed. This paper is based on the collection and analysis of primary and secondary data
The challenges of supervising the work of the Government and other public institutions by the Assembly of the Republic of Kosovo-empirical analysis
No full textThe purpose of this paper is to examine the current state of supervision and control of the work of the government by the Assembly to guarantee fair governance in the Republic of Kosovo.
For this purpose, the study has identified some of the challenges faced by the Assembly of Kosovo in seven legislatures during the exercise of supervision and control of work of the Government and other public institutions which, based on the Constitution and laws, report to the Assembly of the Republic of Kosovo.
Qualitative and quantitative research methodology was used in the paper. The qualitative research method analyzes laws and by-laws, in interviews and questionnaires with senior public officials and civil society. In the paper was also studied, the quantitative or statistical method during the study of numerous materials, the study of the annual reports of Institutions and in the empirical part.
Data findings from empirical research (interviews and questionnaires) show that the Assembly has not managed to sufficiently supervise the work of the Government and other public institutions. The results of this study show that the Constitution of the Republic of Kosovo provides the legal basis for the Assembly to exercise the constitutional mandate to supervise the work of the Government and other public institutions. There is sufficient legislation regarding the supervision and control of the work of the Government and other public institutions. However, the legislation has vacuums of a procedural nature; there is ambiguity in the legal provisions. For this reason, a legal reform is necessary.
In addition, the study offers recommendations for increasing the level of parliamentary supervision of the work of the government for the improvement of good governance, describes the focus of legal reforms and the measures that are necessary to be taken to strengthen the Assembly for the supervision of the work of the Government and other public institutions which, based on the Constitution and laws, report to the Assembly
Supervision and Control of Local Governance in the Republic of Kosovo
No full textIn this paper we have treated supervision and control of local governance in context of fair governance in Republic of Kosovo. Analyse of law framework and European standards of governance autonomy of local self-governance and administrative supervision of local governance. Treating of supervision of local authority governance and the main mechanism of government for legal administrative review of local authority governance and legality as well as the rights of the supervising authority for administrative review of legality of general acts of municipalities. The purpose of this paper is to analyse and tackle the challenges of supervision and control of local government institutions in Kosovo.The mandate and powers of the central government to review the legality of local authorities in the field of enhanced competencies and the legality and appropriateness of their scope of activities of in the field of delegated powers. The challenges of preserving the autonomy of local self-government and local government supervision by the central authorities. One of the challenges of the supervisor in the future will be to supervise and control of municipalities with extended competences (municipalities with Serb majority), shall these municipalities consider requirements to be review the unlawful acts and harmonize them with the applicable legislation in Kosovo. The methodology of the paper will be mixed, such as: as comparative methods, descriptive, requesting explanatory, predictive.</jats:p
Termination of the mandate of representatives elected by the people and their replacement according to the legal framework in the Republic of Kosovo
No full textIn Kosovo, governance originates from the people as in any other democratic state. This form of government is regulated on the basis of the Constitution and the Law on Local Self-Government. The purpose of this paper is to deal with the legal framework on the procedures for the preterm termination of the mandate of elected representatives in the central and local government and their replacement, focusing concretely on certain cases at the central and local level. The replacement of representatives is carried out through the election waiting list (for deputies and members of assemblies) or new elections (for Mayors of Municipalities)The legal framework, especially the provisions of Article 70 of the Constitution and Articles 35, 37, 50, 64 and Article 72 of the Law on Local Self-Government have determined the procedures for terminating the mandate. For mayors of municipalities, the mandate can be terminated by initiating a petition by 20% of citizens for the organization of new elections if this petition is supported by more than 50% of eligible voters.The methodology of the work is mixed. Through the qualitative method, interviews were conducted and analyzes were made of the local and international legal framework, reports of local and international institutions. Meanwhile, with the quantitative method, statistical analyzes of the reports of various bodies such as the Assembly, the CEC, the Judicial Council, etc. have been made. The findings of the research show that Kosovo has a legal framework that regulates the way of premature termination of the mandate of representatives elected by the people and the way of their replacement. Meanwhile, the interruption of the mandate for municipal institutions, such as that of the mayor, determines new elections. Also, there is no special law (for a referendum) that allows citizens to initiate a petition for the beginning of the premature termination of the mandate for mayors of municipalities
