IKD: Rama and the illegal Communist Assembly exchanged public property

Kosovo's Institute for Justice has deemed Pristina's Municipal Assembly ruling illegal for the exchange of municipal property in the Kaddastral Zone in Cagllavica with the properties of two businessmen in the Kadastral Zllar Zone, with proposals by Pristina Mayor Perparation Rama, Express reports.

According to the IKDʹ, this decision was issued without any public consultation and legal requirements being met.

The decision, issued by the Municipal Assembly of the Pristina municipality, corresponds fully to the contents of the Communist Speaker's decision proposal. This decision has been issued without any public consultation and legal requirements being met. Unless there were public consultations, the Comunal Parliament's decision issued under the Communist Speaker's proposal does not clarify that, exactly, what is the interest of the municipality to give property in the Caglavica Zone to take the property in the Zodastrale Zone in Zlatar, in which construction has already been banned”, is said in response.

On the other hand, the Kosovo Institute of Justice's Centre for Jurydic Assistance reportedly is considering all legal ways to meet that decision in the Court and other legislation institutions.

“The IKD called on the Pristina Municipal Assembly and Speaker to stop illegal property exchange practices without holding public consultations or respecting legal provisions. On the other hand, the Kosovo Institute for Jurydic Assistance Centre for Justice reports that it is reviewing all legal ways for the accession of this decision to the Court and other legal institutions”, it says in response.

Otherwise, the Pristina municipality has made a decision to change its area of about 20 hectares found in the New Pristina area with some total properties about 8 hectares found in Badoc. The exchange of property will be made with two former clients of Pristina Chairman, Rama Progress, businessmen Rumbleman Haradin and Shaban Kondzhel. Rama's proposal has been passed with the help of VVU's ambists, who have made the quorum by staying in the hall. Rama has reacted yesterday, saying that a 20-acre property share will be exchanged, not all of it, until he said the decision has the legality of the MAPL.

Full response of IKDA:

Kosovo's Institute for Justice (IKD) reacts to the illegal decision by Pristina's Municipal Assembly for the exchange of Communist property in the Chadastral Zone with the properties of two physical persons in the Kadastral Zlatar Zone, which the decision has preceded the Pristina Mayor's proposal.

The decision issued by the Municipal Assembly of the Pristina municipality corresponds fully to the contents of the proposal of the mayor's decision. This decision has been issued without any public consultation and legal requirements being met.

Unless there were public consultations, the Municipal Assembly's decision issued under the Communist Speaker's proposal does not explain exactly what the municipality's interest is in providing property in the Caglavica Castrale Zone to take over property in the Zodastral Zone in Zlatar, in which construction has already been banned.

NR Law. 06/L-092 for Exploitation and Exchange of the Communist Realty Property (Tues: The law) in Article 24 has set the conditions for exchanging real estate for the municipality. Initially, this article has determined that property can only be exchanged for purposes of meeting public interest, until the decision made does not clarify what public interest is in this case. Especially, it remains unclear to the public how public interest can be considered realising the regulatory plan “The new Pristina Zone”, while this is the property you're given in exchange for a property that doesn't concern this part.

In addition, according to the Law, the mayor of the municipality is obliged to provide in advance official evaluation reports that there are no other municipal properties suitable for this purpose intended to be achieved. This report, or at least clarification, is not part of the decision made by the Communist Assembly.

In addition, Article 25 of the Law has defined the public property exchange procedure with persons of physical or legal law, which procedure is initiated by municipalities or interested parties and ends with the Municipal Assembly decision. Thus, the Communist Parliament's decision is the latest act under this procedure. For this reason, according to the Law, there is no reasoning of Pristina Mayor “... the Assembly's journey did not exchange 8 hectares and the entire 20-acre parcel...”. This is because according to the Law, it is the Communist Parliament's decision that the property leg, not the rating of the Ministry of Finance. In the case of signing the contract, the mayor of the municipality is obliged to stick to the Communist Parliament's decision rather than to assess the Ministry of Finance, which he should have made advance. Progressive practice in this area did not justify this decision.

According to the report, the Ministry of Management of Local Power validated the decision. In view of these legal violations, this minister would have to protect the legality of the decisions of this nature, acting under the competencies that he has under the Law for Local Self-rule and not to issue decisions that are contrary to the Law. The division of Pristina's municipality's illegal decisions by this minister represents the failure to comply with the competencies of this ministry and violation of public interest.

On the other hand, according to media reports, the mayor of the Pristina municipality has publicly declared that he has been committed as an architect for construction in the Batoc area, on a property that shareholders have businessmen Nundman Haradin and Shaban Konjuli. Four years ago Rama has publicly declared that he was committed by businessman Haradin to drafting the project, until 2020, Lumir Abdijdzic as minister of government cabinet Kurti 1 annulled decisions allowing construction in Badovc. But this property, which the businessmen Haradin and Konjuli were left untapped, was rewarded by the Pristina Community with property in Caglavica.

In the face of all of this, the mayor of Pristina in his public response, does not clarify the circumstances surrounding the state of conflict of interest in this situation. According to Law No. 06/L -011 for the prevention of an interest conflict in the Public Function Army within the decision-making framework includes the preliminary moments of decision-making which are essential and determining in which participation, influence and position of the official determine the final content of the act or contract, as well as any official's action in the exercise of public office. In concrete cases, the decision taken by the Municipal Assembly is based on the Communist Speaker's proposal. The contents of the decision are even identical to the proposal.

The IKD called on the Pristina Municipal Assembly and Speaker to stop illegal property exchange practices without holding public consultations or respecting legal provisions. On the other hand, the Kosovo Institute for Juridical Assistance Centre for Justice reports that it is reviewing all legal ways for the accession of this decision to the Court and other legislation institutions.