Minister Luka reacts to the GAP Institute, Balkan Green Foundation, G LPS and INDEP for New Kosovo

Kosovo Ministry of Economic Development Minister Valdrin Luka has reacted to a group of civil society organisations that have questioned the transparency of this ministry in granting permission to access public documents about the New Kosovo thermal power project.

You can read the full status below without interference:

For the media and everyone interested:

History of events and developments in relation to “public documents” for and around T C ) New Kosovo

On July 11, 2019, a group of civil society organisations [GAP Institute, Balkan Green Foundation, G LPS and INDEP] through an open letter to the Kosovo Parliamentary deputies have allied in lack of transparency for and around the project of building New Kosovo and not respecting the decisions of the judicial authorities; in this case we want to clarify the chronology of events and shed light on the truth as follows:

1. The Ministry of Economic Development dated March 8, 2012 by the GAP Institute [searcher] has accepted the request for access to the tender file of TC '%s' and New Kosovo.
2. On March 14, 2012 The Ministry of Economic Development has announced the researcher that he is denied access to documents for two reasons and that:
   a. [.. The package contains documents that are in the form of a draft, such as before taking the final form, cannot be made available and made available
   b. [.] tender papers from the tender board take the cut after signing the final contract, while at this moment all documents are confidential.
3. The researcher, November 15, 2012, has applied to the Ministry of Economic Development, providing as material proof the application of March 8, 2012, respectively, the official response to the MZHE rejection of March 14th 2012. [The trial used and the object of the application of November 15, 2012 and the demand for access to public documents of March 8, 2012 in some respects is different.
4. The Constitutional Court in Pristina, with a no.750/13 conviction of December 12th 2017, has ruled in favour of the researchers, assessing that “[.] claims of the indicted body, which has considered that the required data are in the form of a draft and are not finalised; this claim the court estimates as unequivocal for the fact that such documents of public institutions should be open to the citizens of the Republic of Kosovo and, in this respect, they have the right to be informed of this content.<1x> So, the Court does not treat this case away and in its court judgment does not offer clarity for documents that should be offered by acting within the request of the side which has obviously failed to establish the object of the requirement.
5. Against this act the Ministry of Economic Development has filed complaints within the legal deadline.
6. Kosovo Court of Appeals with Actual No.72/2018 On December 13, 2018, he has turned down the complaint, considering it unfounded.
7. The Ministry of Economic Development on January 12th 2018 has accepted the letter by the researcher [without accepting the Act of Court of Appeals of Kosovo] for access to documents by referring to the Constitutional Court Act in Pristina, and has requested the following documents;
   a. Processions of all T Project Steering Committee meetings New Kosovo.
   b. Access to final bid that was submitted to pre-qualified companies in March 2012
   c. The contract signed between the Government of Kosovo and Contour Global, including unfinished parts.
8. The researcher on the letter of January 12th 2018 leaves out completely out of the act of the Pristina Foundation Court and Appeals Act seeking additional documents which even at the request do not require;
9. Anyway, Project T Steering Committee meetings CʹKosovo e Reʹ, are documents with limited access to the Law provisions No. 03L-125 for access to public documents below 12 par.1, points 1.11 and par 2 of this same article, and more so are not the subject of judicial examination, since the same researcher has never dealt with in the indictment. We also explain that each decision of the Project Leaderial Committee T C, New Kosovo, is accessible and public. Public interest is affected by final decision-making and not by preliminary discussions, therefore no record will be offered for access.
10. Meanwhile during the trial process with the GAP Institute, the Ministry of Economic Development on January 25th 2017, following the request of the non-governmental organisation Balkan Green Foundation on January 10th 2017 [read below for the judicial process] has made public the call for expression of interest on December 18th 2009, as well as the list of pre-requalified companies-consorted consortiums, which responds to the interest of [Institution GAP] researchers. Compliments in calling for proposals took place in 2013 onwards, therefore considered that the Court decides within the prosecution of the parties, the Ministry of Economic Development in light of the judicial decision has no obligation to publish changes following the surrender of the requirement.
11. Next, commercial construction agreements New Kosovo is public from January 19th 2018, at which events even researchers have been invited.
12. The Ministry of Economic Development following the Kosovo Appeal Court's decision of January 12th 2018 has rejected request from the researcher for access to documents for and about T New Kosovo, which is the subject of bias.
13. In parallel with the GAP Institute, the other non-governmental organisation Balkan Green Foundation on January 10th 2017 [as mentioned at the point 10] has asked for access to documents as follows: a) calling for pre-qualification companies for the construction of re Kosova, b) companies that have applied and are pre-qualified, c) the final call for application that has been sent to pre-qualified companies, and d) changes to the tender package that have occurred from the first pre-qualification call. In line with this requirement, the Ministry of Economic Development has offered access to two requirements; in a), respectively, the call for pre-qualification companies for the construction of New Kosovo, as well as b) the list of pre-qualified companies, while in the other two requirements has limited access by providing sufficient explanations for the reasons of restrictions.
14. Following the partial rejection of the request on February 22nd 2017, Balkan Green Foundation has filed a request at the Constitutional Court in Pristina.
15. The Constitutional Court in Pristina, with the justice Act of No. 318/17 on April 10, 2019, has approved the suitor's application.
16. The Ministry of Economic Development in line with legal advice through the State Lawyer, on May 29, 2019, has filed complaints, and is awaiting the Kosovo Court of Appeals ruling.
17. The Ministry of Economic Development will respect final judicial decisions on time, regardless of what their outcome is.

As we have previously communicated with the T Project Implementation Unit New Kosovo, or the Ministry of Economic Development, is based on transparency principle. On this principle all decisions including commercial agreements on the construction of New Kosovo, which carefully reflect the demands of the Government of the Republic of Kosovo during the tender phase are public and accessible to any interested party.

We request and please each party involved to be spared from public statements and pressure, as subjects are subject to judicial examination.