MZHE violates Law, does not make public agreement for New Kosovo

MZHE violates Law, does not make public agreement for New Kosovo

  The Constitutional Court in Pristina has concluded that the Ministry of Economic Development and KEK have violated Article 41 of the Constitution and the Law for Access to public documents, failing to allow access to the ECDS privatisation assets, and in tendering documents for the “New Kosovo plant, KOSID reports through a media communiqué. “On 3 [...]

 

The Constitutional Court in Pristina has concluded that the Ministry of Economic Development and KEK have violated Article 41 of the Constitution and the Law for Access to public documents, failing to allow access to the ECDS privatisation assets, and in tendering documents for the “New Kosovo plant, KOSID reports through a media communiqué.

On June 3, 2013, the GAP Institute on behalf of the Kosovo Civil Association for Sustainable Development consortium (KOSID) has filed charges against M ZEE not to allow access to public documents. KOSID member organisations, during the 2011-2013 period, have submitted dozens of requests for access to public documents in privatisation processes. All requests are denied by the MZHE with the argument that those documents are drafts and are classified documents for which access to” is not allowed, says the communique.

The court is stressed that even unfinished documents are public documents to which access should be allowed, and has considered MZHE's answer unreasonable that the privatisation documents of public property enter the category of confidential documents.

In addition, the Court finds that KEK also committed violations of the Law for access to public documents when he refused to respond to transparency requirements with the argument that the Law for access to public documents does not apply to public enterprises.

The bias obliges the Ministry of Economic Development within 30 days to allow access to the privatised assets of KEDS and in tendering documents for the thermal power plant “New Kosovo”.

“This Act, which has come four and a half years after the indictment's presentation, is delayed, considering that the process of privatising KED assets has been completed, and the asset list has been made public after privatisation. It is noteworthy that four hydropower plants, which have been kept secret by the public and the Kosovo Assembly, are included on the list of KED privatisation assets. COSID estimates that allowing access to KED assets at the time when requests were filed would prevent damage to public interest. At the same time, we express concern that after all these facts, the prosecution has not seen fit to file charges for the ECDS' privatisation process”, KOSID notes.

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