IKD: Government illegally gets competencies and responsibilities of Parliament

Fighting corruption in Kosovo, according to the IKD, continues to remain on paper on top of state institutions, but Kosovo institutions practically do not have a State Strategy and Action Plan for Fighting Corruption. This is because the government has adopted the State Strategy and has ordered its implementation, rather than handing it over for a vote in the Kosovo Assembly, as determined by law.

“in line with legal obligations, the Anti-Corruption Agency, had sent to Kosovo State Anti-Corruption Strategy 2018-2022 and the Action Plan, which were approved by the Government at the meeting held on March 23rd 2018 through the No. 02/37. The Government's decision regarding the adoption of the State Anti-Corruption Strategy 2018-2022 and Action Plan had determined that the decision goes into effect on the signing day, tasking the Anti-Corruption Agency and other competent institutions for implementing the” decision, the IKD report said.

The IKD estimates that the Government's decision conflicts with the mandate and competencies of the Government of Kosovo, taking over the competencies and responsibilities that legally belong to the Kosovo Assembly. The Law on Anti-Corruption Agency in Article 16 has ruled that the Agency, in co-operation with Government and other government and non-governmental institutions, drafted the Anti-Corruption Strategy. The agency through the Government presents for approval the Anti-Corruption Strategy in the Kosovo Assembly, which contains anti-corruption policies that must be implemented by the responsible institutions of the Republic of Kosovo, both central and local.

The government through the illegal decision has adopted the State Anti-Corruption Strategy and ordered its implementation, without being approved by the Assembly, and has submitted the same decision to the Kosovo Assembly. The latter, through the Commission for Legislation, has reversed the Government's decision, praising that the Government has implemented the Assembly's competencies and has demanded that the decision be made in accordance with the government law and then sent for approval to the Kosovo Assembly. The government, due to the adoption of this decision in March 2018, has not yet sent the amended decision in accordance with the Law on Anti-Corruption Strategy, and subsequently the Republic of Kosovo more than six months there is no State Anti-Corruption Strategy”, it says further.

The IKD estimates that this situation causes major damage, given the fact that the State Anti-Corruption Strategy would have to start implementing in 2018, following the Kosovo Assembly's adoption, according to legal procedures, while now we are almost at the end of 2018, and the same strategy has not yet been processed in the Kosovo Assembly under legal obligations.

The Kosovo Progress Report of 2018 had found that the Strategy and Anti-Corruption Action Plan 2018-2022 were drafted after a consultative process, as well as adopted in March 2018. On the other hand, it is said that the Government still needs to demonstrate true leadership, ability to practice preliminary planning, as well as the will to share adequate resources for fighting corruption. Its credibility will depend on the limited resources for their implementation. A monitoring mechanism should also be established to assess regularly the impact of the strategy and the action plan.

The Kosovo government, according to the IKD, by failing to proceed with this strategy according to legal requirements in the Assembly, is testifying that the same continues with the illegal exercise of competencies and responsibilities, exercising competencies and responsibilities belonging to the legislative power of Kosovo's Parliament, as well as not addressing the European Union's findings and requirements based on preventing and fighting corruption in Kosovo.

Such approach of the Government also conflicts with the will and purpose expressed on the part of Government through the adoption of the same to follow-up approach “zero tolerance” against corruption, and to continue with other principles as it is: Building integrity, responsibility and transparency in the work of public administration bodies and strengthening citizens' trust in public institutions; Improving legislation and strengthening institutional capacities for preventing and fighting corruption; and awareness and education of the general public in the anti-corruption field.

Otherwise, the Anti-Corruption Agency in March 2017 had made a decision to establish the technical task force for development of Strategy and the Anti-Corruption Action Plan 2018-22. In drafting this strategy in the working group, institutions responsible for fighting and preventing corruption and rule of law in Kosovo, including representatives of civil society and the media, and consultations were held with foreign experts engaged by international partners in Kosovo.