REVIEW OF INSTITUTIONS AND AGENCIES OF THE … · 6 EXECUTIVE SUMMARY Institutions and agencies...

Republika e Kosovës - Republika

Kosova - Republic of Kosovo

Qeveria - Vlada – Government

Ministria e Administratës Publike

Ministarstvo Javne Administracije - Ministry of Public Administration

REVIEW OF INSTITUTIONS AND

AGENCIES OF THE ASSEMBLY AND

CENTRAL BODIES OF THE

GOVERNMENT

December 2016

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Table of Contents LIST OF ABBREVIATIONS AND ACRONYMS ................................................................................................... 5

EXECUTIVE SUMMARY .................................................................................................................................. 6

PART 1: REVIEW OF THE ORGANISATION OF CENTRAL GOVERNMENT AND AGENCIES .............................. 8

1. INTRODUCTION ..................................................................................................................................... 8

2. INTERNATIONAL EXPERIENCES IN REGULATING AND MANAGING OVERSIGHT INSTITUTIONS AND

GOVERNMENT AGENCIES ................................................................................................................... 10

2.1. Explaining the proliferation of semi-independent oversight institutions and government

agencies, and providing a typology for their categorisation ......................................................... 10

2.2. Autonomy and control – finding the right balance for oversight institutions and government

agencies ......................................................................................................................................... 12

2.3. Optimisation of institutional structures in European public administrations ............................ 14

2.4. Co-ordinating the establishment and operation of EU decentralised and executive agencies .. 16

3. COMPARATIVE ANALYSIS OF AGENCIES IN KOSOVO .......................................................................... 23

3.1. The types of agencies, their legal mandates and main organizational characteristics .............. 23

3.2. Human resource management dimensions – recruitment, job classifications and personnel

management ............................................................................................................................... 32

3.3. Salaries and Allowances .............................................................................................................. 42

3.4. Accountability – financial and non-financial reporting and transparency .................................. 45

4. CONCLUSIONS AND RECOMMENDATIONS ......................................................................................... 51

5. THE ROADMAP FOR THE RATIONALISATION OF THE INSTITUTIONAL STRUCTURE IN KOSOVO ........ 63

PART 2: DESCRIPTIONS OF INDIVIDUAL INSTITTIONS AND AGENCIES ....................................................... 68

Independent institutions and agencies established by the Constitution and Assembly of Kosovo ....... 68

1. The Constitutional Court of Kosovo ................................................................................................ 68

2. Kosovo Prosecutorial Council .......................................................................................................... 69

3. Kosovo Judicial Council ................................................................................................................... 70

4. Kosovo Intelligence Agency ............................................................................................................ 72

5. Kosovo Security Council .................................................................................................................. 73

6. The Institution of Ombudsperson ................................................................................................... 74

7. National Audit Office....................................................................................................................... 76

8. Central Election Commission .......................................................................................................... 77

9. The Central Bank of Kosovo ............................................................................................................ 79

10. Independent Media Commission ................................................................................................ 80

11. Kosovo Property Agency ............................................................................................................. 81

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12. Privatization Agency of Kosovo ................................................................................................... 83

13. Anti-Corruption Agency .............................................................................................................. 84

14. The Agency for the Management of Memorial Complexes ........................................................ 85

15. National Agency for Personal Data Protection ........................................................................... 86

16. Agency for Free Legal Aid ............................................................................................................ 88

17. Academy of Sciences and Arts Kosovo........................................................................................ 89

18. Kosovo Competition Authority ................................................................................................... 90

19. Kosovo Judicial Institute ............................................................................................................. 91

20. Kosovo Council for Cultural Heritage .......................................................................................... 92

21. Independent Oversight Board for the Civil Service ..................................................................... 93

22. Independent Commission for Mines and Minerals .................................................................... 94

23. Procurement Review Body.......................................................................................................... 95

24. Elections Complaints and Appeals Panel .................................................................................... 96

25. Radio Television of Kosovo ......................................................................................................... 98

26. Kosovo Pension Savings Trust Fund ............................................................................................ 99

27. Civil Aviation Authority ............................................................................................................. 100

28. Regulatory Authority of Electronic and Postal Communications ............................................. 101

29. Railway Regulatory Authority ................................................................................................... 103

30. Water Service Regulatory Authority ......................................................................................... 104

31. Public Procurement Regulatory Commission ........................................................................... 105

32. Energy Regulatory Office .......................................................................................................... 106

Agencies (central and independent) within the Government .............................................................. 107

33. Agency of State Archives ........................................................................................................... 107

34. Kosovo Agency of Statistics ....................................................................................................... 108

35. Food and Veterinary Agency ..................................................................................................... 109

36. Agency for Gender Equality ...................................................................................................... 110

37. Kosovo Agency for Radiation Protection and Nuclear Safety ................................................... 111

38. Agency for Information Society ................................................................................................ 112

39. Kosovo Institute for Public Administration ............................................................................... 113

40. State Advocacy Office ............................................................................................................... 114

41. Agency for the Management of Sequestrated or Confiscated Assets ...................................... 115

42. Institute for War Crimes Research ............................................................................................ 116

43. Inspectorate of the Ministry of Justice ..................................................................................... 117

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44. Institute of Forensic Medicine .................................................................................................. 117

45. Kosovo Probation Service ......................................................................................................... 118

46. Kosovo Correctional Service ..................................................................................................... 119

47. Tax Administration of Kosovo ................................................................................................... 120

48. Central Procurement Agency .................................................................................................... 121

49. Treasury .................................................................................................................................... 122

50. Kosovo Customs ........................................................................................................................ 123

51. Financial Intelligence Unit ......................................................................................................... 124

52. Civil Registration Agency ........................................................................................................... 126

53. Kosovo Academy for Public Safety ............................................................................................ 127

54. Kosovo Police ............................................................................................................................ 127

55. Kosovo Police Inspectorate ....................................................................................................... 129

56. Emergency Management Agency ............................................................................................. 130

57. Kosovo Agency of Forensics ...................................................................................................... 131

58. Kosovo Environmental Protection Agency................................................................................ 132

59. Kosovo Cadastral Agency .......................................................................................................... 133

60. Kosovo Agency for Medicinal Products and Equipment ........................................................... 134

61. Health Financing Agency ........................................................................................................... 134

62. Health Inspectorate .................................................................................................................. 135

63. Labour Inspectorate .................................................................................................................. 136

64. Employment Agency ................................................................................................................. 137

65. Kosovo Investment and Enterprise Support Agency ................................................................ 138

66. Kosovo Business Registration Agency ....................................................................................... 139

67. Kosovo Standardization Agency ................................................................................................ 139

68. Kosovo Accreditation Directorate ............................................................................................. 140

69. Kosovo Metrology Agency ........................................................................................................ 141

70. Industrial Property Agency ....................................................................................................... 142

71. Market Inspectorate ................................................................................................................. 143

72. Kosovo Accreditation Agency ................................................................................................... 144

73. Agency for Vocational Education and Training ......................................................................... 145

74. National Qualifications Authority ............................................................................................. 146

75. Kosovo Agency for Energy Efficiency ........................................................................................ 147

76. Geological Service of Kosovo .................................................................................................... 148

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77. Kosovo Forest Agency ............................................................................................................... 149

78. Agency for Agricultural Development ....................................................................................... 150

79. Air Navigation Services Agency ................................................................................................. 151

SOURCES ................................................................................................................................................... 152

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LIST OF ABBREVIATIONS AND ACRONYMS

AAD Agency for Agricultural Development

ACA Anti-Corruption Agency

AFLA Agency for Free Legal Aid

AIS Agency of Information Society

AMMC Agency for Management of Memorial Complexes

ANSA Air Navigation Services Agency

APEK Agency for the Protection of Environment in Kosovo

CAA Civil Aviation Authority

CBK Central Bank of Kosovo

CEC Central Election Commission

CPA Central Procurement Agency

ECAP Election Complaints and Appeals Panle

CRA Civil Registration Agency

FVA Food and Veterinary Agency

ERO Energy Regulatory Office

IO Institution of Ombudsperson

IOBCS Independent Oversight Board for Civil Service

ICMM Independent Commission on Mines and Minerals

IMC Independent Media Commission

KAS Kosovo Agency of Statistics

KCS Kosovo Correctional Service

KJI Kosovo Judicial Institute

KIPA Kosovo Institute for Public Administration

KJC Kosovo Judicial Council

KPA Kosovo Privatization Agency

KPA Kosovo Property Agency

KPS Kosovo Probation Service

KPST Kosovo Pensions Savings Trust

KASA Kosovo Academy of Sciences and Arts

KBRA Kosovo Business Registration Agency

KPC Kosovo Prosecutorial Council

KCCH Kosovo Council for Cultural Heritage

NAO National Audit Office

PPRC Public Procurement Regulatory Commission

PRB Procurement Review Body

RAEPC Regulatory Authority of Electronic and Postal Communications

RRA Railway Regulatory Authority

RTK Radio Television of Kosovo

SAPDP State Agency for Personal Data Protection

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EXECUTIVE SUMMARY

Institutions and agencies under the Assembly and Government of Kosovo have been established

in the absence of a legal framework containing a number of principles to be applied to all

agencies. As of today, no principles exist pertaining to the establishment, organization, oversight,

accountability, mandate, governance arrangements or the termination of agencies. As a

consequence, all agencies have been established on a case by case basis, leading to a rapid

proliferation in the number of agencies. The Assembly of Kosovo has established more than 30

semi-independent, regulatory and executive agencies while the Government of Kosovo has

established 46 central bodies as part of the line ministries. Article 142 of the Constitution gives

extensive authority to the Assembly to establish regulatory and executive agencies reporting to

the Assembly, which is not in line with practices of EU/OECD countries. This undermines both

the separation of powers between the legislative and executive branches of power in Kosovo and

the adequate control of the performance of these bodies. As a consequence, there are no clear

typologies of agencies and more than 20 agency concepts exist in the legislation establishing

agencies. There was a lack of co-ordination between the Assembly and the Government related

to the establishment and control of agencies, contributing to the proliferation of these bodies and

inconsistencies in their governance arrangements. Many of the current government agencies

were ministerial departments before being transformed into agencies. Moreover, today there are

agencies and departments within ministries with overlapping functions and responsibilities.

Many of the institutions and agencies of the Assembly are governed by collegial bodies with

different membership structures, containing from three members to 13, each with different

membership requirements, mandates and lifespans. Board members of many agencies of the

Assembly are proposed by the Government and formally nominated by the Assembly, even

though these agencies are labelled independent. In those agencies where the board is selected

based on an open competition, the selection process up to the nomination by the Assembly does

not include representatives from civil society, experts or academia. The internal structures of

these institutions and agencies differ, with two, three or four levels of structures lacking clear

lines of accountability. The legal status is not defined in many institutions and agencies, no

temporary agencies are established to perform certain tasks for a certain period of time and there

is no cost-benefit analysis either before establishment or after. All institutions and agencies of

the Assembly have an independent budgetary line while government bodies are included in the

total budget of the Ministry. However, the legislation establishing these institutions and agencies

in many cases does not define who proposes the budget nor does it mention the law applied to

budget appropriations and execution.

The law on civil service is not applied in many semi-independent institutions and agencies of the

Assembly while the government bodies do not apply this law in the entire institution. In certain

cases, general directors of these government bodies have circumvented the civil service law

along with certain categories of staff employed in the agency. There is a tendency among

agencies not to apply the civil service law in order to have flexibility in relation to working

relationship of the staff and salaries. Institutions and agencies of the Assembly count for 4,634

employees, government agencies separated from ministries count for 15,123 employees while

ministries count for 11,937 employees. The employed number of staff in agencies is much higher

compared to the number of employed people in ministries. In relation to the application of the

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job catalogue, 14 Assembly agencies do not apply the job catalogue; around 15 others apply it

partially, while only three agencies apply the job catalogue in civil service.

Institutions and agencies of the Assembly apply different levels of salaries which do not have a

sound legal basis. In some cases their boards have the level of salaries defined in the law

establishing the particular agency, while in many other cases the salaries are defined by the

Assembly Committee of Budget and Finance. Following the definition of salaries for the board

members, the board independently defines its own salaries for personnel through secondary

legislation. A similar position and job title in the ministry has a lower salary compared to

agencies and generally there is no equal pay for the equal work principle applied in the public

administration. Besides the salaries, there are numerous allowances to the basic salary without

any proper and sound criteria.

There are no clear lines of accountability in neither Assembly nor Government agencies. A

number of agencies of the Assembly have not defined in legislation the reporting to functional

committees of the Assembly, some of them have defined but do not report, while others submit

the report just for information to the Assembly. There is not a single document in the Assembly

which tells which agency reports to which Assembly committee and there is only one co-

ordinator in the Assembly who serving as the focal point between the Assembly and semi-

independent institutions and agencies. There are no rules which sanction a board whose annual

report is not approved. As a consequence, there are agencies whose reports are approved in the

respective Assembly committee but are not approved in the Assembly plenary session; agencies

whose reports are not approved in the committee but get the approval of the Assembly plenary

session and agencies whose reports are neither approved in the committee nor in the plenary

session. In relation to the government agencies, 13 out of 46 have not defined the reporting in the

legislation and it is not known if they report to the respective Ministry or Government or if at all,

26 out of 46 do not make their reports available to the public and 16 out of 46 do not have

websites.

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PART 1: REVIEW OF THE ORGANISATION OF CENTRAL GOVERNMENT AND AGENCIES

1. INTRODUCTION

The purpose of this report, which has been prepared the Ministry of Public Administration

(MPA) with the support of SIGMA, is at least twofold:

1) To serve as a comprehensive overview of all agencies in Kosovo (both under the

Assembly and the Government) by providing elements of their organisation,

establishment, employees, salaries, working relationship and accountability. This review

could serve the Government to launch a targeted functional review of agencies as both

the European Commission (EC) Country Report of 2015, and the 2015 PAR Special

Group meeting stressed the need for a review of all independent bodies as the

administrative structure is fragmented and does not ensure effective lines of

accountability.

2) To have the findings and recommendations of the review feed into the drafting of the

three concept notes of the three laws: Law on Civil Service, Law on Salaries and Law on

the Organisation of Public Administration.

The 2016 EC Country Report of 2016 again stressed the need for a review and to start the

implementation of its recommendations in order to enhance accountability, eliminate

overlapping competencies and ensure a more streamlined public administration.

The report has two substantial parts: the analytical one, and the descriptive one. The first part

provides for a comparative analysis of Kosovo’s agencies and international experiences in

regulating and managing oversight institutions and government agencies. The analysis concludes

by providing the main findings and recommendations followed by a roadmap dealing with how

and when the recommendations should be addressed to produce the best effects possible for a

rationalised and streamlined public administration in Kosovo. The descriptive part describes each

individual agency established either by the Assembly or the Government.

The report lists 32 semi-independent institutions and agencies of the Assembly and 46 central

bodies as part of the line ministries of the Government in Kosovo. The report does not take into

account some of the independent boards within the Assembly which do not represent an entire

institution or do not have an administration with employed staff where elements of the analysis

could not be taken into account 1 . As far as semi-independent institutions and agencies are

concerned, the report takes into account the replacement of the Kosovo Property Agency with

the Agency on the Comparison and Verification of Property in Kosovo which was established

following a law on the Agency entered into force and published in the official gazette in

November 2016. According to the Law, the budget, staff and other aspects are transferred to the

new agency while the United Nations Mission in Kosovo (UNMIK) regulations, as well as the

Law on Kosovo Property Agency, have been abolished. On the side of the Government

Agencies, a few bodies which provide public services such as hospital centres under the Ministry

of Health, institutes within Ministry of Education, Science and Technology and some art-related

1 Such institutions are: the Environmental Protection Advisory Board, the Committee on Bar Examination and the National Council for Science.

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bodies and centres under the Ministry of Culture, Youth and Sports, have not been included in

the report2.

(This report has been produced with the assistance of the SIGMA Programme.3)

2 Such as the Hospital centre and its units, the Pedagogical Institute, the Albanology Institute, the History Institute, the Universities, the National Theatre, the Museum, the Ballet, the National Ensemble, the Arts Gallery, the Kosovo Philharmonic, the Cinematography centre, etc. 3 SIGMA is a joint initiative of the OECD and the EU, principally financed by the EU

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2. INTERNATIONAL EXPERIENCES IN REGULATING AND MANAGING OVERSIGHT INSTITUTIONS AND GOVERNMENT AGENCIES

This section presents relevant international experiences of establishing and governing oversight

institutions and government agencies, and outlines recent trends in optimising organisational

structures and management at the EU and national level in a comparative perspective. A key

distinction is made between semi-independent oversight institutions (sometimes called

supervisory or review bodies) and semi-autonomous government agencies (regulatory, executive

or advisory) that can differ significantly in terms of their dimensions and levels of autonomy but

all have as a common denominator that they are answerable directly to the government.

2.1. Explaining the proliferation of semi-independent oversight institutions and government agencies, and providing a typology for their categorisation

There is a long-term global trend in setting up independent oversight institutions to ensure

external scrutiny of political or administrative power and its accountability to the legislature or

citizens. Processes of state building, modernisation and accession to the EU often involve the

establishment and strengthening of such bodies, for example supreme audit institutions,

ombudsmen institutions, anti-corruption authorities or human rights’ commissions. They should

act as ‘guardians’ of good governance or ‘watchdogs’ of the public interest within a well-

functioning system of democratic governance.

In order to implement their mandates, oversight institutions usually have the powers to

investigate and report on specific issues; they can address complaints of improper conduct in

public office or possible breaches of legal acts, as well as provide advice on how the existing

situation could be improved. These institutions can be located within the legislative or executive

branch of power, enjoying different degrees of independence and different relationships with

other state institutions. However, there is little comparative research on the establishment and

operation of these institutions.

Another important trend that attracted more academic attention was the establishment and

management of semi-autonomous government agencies. In the 1980-2000s there was a

significant increase in the number of these agencies in European public administrations.

Operating at arms’ length of the core government, they can be engaged in different executive,

regulatory and advisory tasks or provision of public services. They mostly operate inside the

executive branch of power and within a government chain of steering and accountability (see the

cases of the UK and Lithuania below), which enables them to contribute to the implementation

of government policy goals and to report to parent ministries so that their ministers can

adequately account for agency performance (financial and non-financial) in parliament.

In the majority of European countries the creation of agencies occurred in a rather ad hoc way,

following a case-by-case approach.4 Therefore, there is no single model of a semi-autonomous

agency in Europe as many different types of agencies have been set up in different European

public administrations, depending on their legal-administrative traditions or political choices.

4 S. van Thiel, K. Verhoest, G. Bouckaert and P. Lægreid (2011), Lessons and Recommendations for the Practice of

Agencification: a Policy Brief for Governments in Europe and Beyond. COST Office: http://bit.ly/2fNIizg

http://bit.ly/2fNIizg

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Since this agencification trend was based on the New Public Management (NPM) doctrine, it is

possible to identify the following common characteristics of semi-autonomous agencies5:

- Agencies are public law bodies set up under a public law instrument (the Constitution,

the legislation or other legal acts) rather than private law bodies established under a

private law instrument (e.g. legal acts on joint stock companies);

- They have some capacity for autonomous decision-making on policy or management;

- They are structurally disaggregated from the core government and other organisations

(this excludes ministries and government departments from the agency definition);

- They are formally under at least some control of cabinet members (Government or its

ministries). Therefore, independent state institutions that are directly and solely

accountable to Parliament are sometimes not called agencies;

- They have some resources (financial and personnel) of their own.

Based on three characteristics of these agencies (their distance from the core government, level

of autonomy and legal status), it is possible to provide a basic categorisation of the most

common types of agencies. Table 1 below provides a classification of semi-autonomous agencies

with a few examples at national and EU level. The ‘Next Steps’ agencies in the UK, which are

part of government departments (see section 5 below), are often perceived to best match category

1 of the agency definition. Category 2 agencies usually operate fully outside the hierarchical

system of core government and enjoy more autonomy (e.g. non-departmental public bodies in

the UK). Category 3 organisations are corporate bodies (corporations or companies), but their

establishment and operation is beyond the scope of this report. However, there is no alignment

between these types of these agencies and their functions – various bodies can perform different

functions in practice.

Table 1: Categorisation of semi-autonomous agencies

Category Definition Examples

1 Semi-autonomous organisation, unit

or body (often without legal

independence) with some

managerial autonomy

‘Next Steps’ agencies (the UK),

government agencies and agencies

under the ministries (Lithuania),

Commission’s executive agencies (the

EU)

2 Legally independent

organisation/body (based on

statutes) with managerial autonomy

Non-departmental public bodies (the

UK), public non-profit institutions that

execute public administration functions

(Lithuania), EU decentralised agencies

(the EU)

3 Private or private law based

organisation established by or on

behalf of the government (like a

foundation or corporation, company

or enterprise)

Public corporations (the UK), state-

owned companies or foundations

(Lithuania), public private partnerships

(the EU)

Source: the categorisation based on van Thiel and CRIPO team, ‘The rise of executive agencies: comparing the agencification of

25 tasks in 21 countries’.

Another categorisation is possible if one looks at the functions performed by agencies.

Government agencies can be clearly divided into regulatory agencies, which often regulate

5 K. Verhoest, P. G. Roness, B. Verschuere, K. Rubecksen and M. MacCarthaigh (eds) (2010), Autonomy and Control of State Agencies: Comparing States and Agencies. Basingstoke: Palgrave Macmillan, 17-18.

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economic activities in liberalised markets, executive agencies, which implement government

programmes and provide public services to different target groups, and advisory/research

agencies, which provide evidence and advice to government ministries and other policy

stakeholders. There are some hybrid or multi-purpose agencies, carrying out a mix of different

tasks and often reporting to multiple principals. However, it is hard to find clear definitions of

different agency types and their classifications according to their primary or secondary tasks in

most of the European countries.

2.2. Autonomy and control – finding the right balance for oversight institutions and government agencies

Autonomy is a multi-dimensional concept and the right balance between complete autonomy

and control by the supervising body is case-specific. However, for oversight institutions the

fundamental argument is the preservation of a system of checks and balances: together

with the legislative, the executive and the judiciary, independent oversight institutions should

constrain undue political or administrative influence, ensure non-partisan oversight of the

government‘s performance and enhance accountability to the legislature and society.

For government agencies, there are multiple rationales for some degree of autonomy. The main

ones involve the:

- Need to delegate regulatory tasks to independent regulatory agencies in order to

avoid political influence or capture from regulatees (businesses) and to ensure the

credibility of regulatory decisions over time;

- Separation of policy making and implementation, which allows government

ministries and departments to better focus on policy-making tasks (including

monitoring and evaluation of government policy) while (most often executive)

agencies specialise in delivery of policy and government services;

- Greater managerial flexibility of (executive or regulatory) agency operations.

Introduction of more business-like and output-based management practices (compared

to those applied in traditional government bureaucracy) can produce efficiency gains

and improve quality of services for customers.

The following dimensions of autonomy need to be individually considered for each institution,

to ensure that the level of autonomy is commensurate to the tasks which the agency is meant to

perform:

- Legal independence, ensuring that state institutions function on the basis of statutory

law and, if necessary, are entrusted with quasi-judicial powers (especially in the case

of independent oversight institutions and some regulatory agencies);

- Financial independence, ensuring that these institutions or agencies are provided

with sufficient funds in order to perform their functions in an adequate way;

- Independence of office holders in state institutions, ensuring that candidates for

office meet certain criteria and their appointments are transparent and merit-based, as

well as that office holders are free to work without fear of dismissal for political and

arbitrary reasons;

- Managerial autonomy, which could be divided into human resource management

autonomy (ability of an agency, without interference from a higher jurisdiction, to

take decisions regarding general rules for setting the level of salaries, conditions for

promotion, evaluation, appointment and downsizing of personnel, as well as

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independently take decisions regarding the level of salary, promotion, evaluation,

appointment and dismissal of specific employees) and financial management

autonomy (related to their ability to take loans, to set tariffs for its services or

products or to shift financial resources between different budget lines);

- Policy autonomy, which is the extent to which institutions and (often regulatory)

agencies are able to set specific rules, to select appropriate policy delivery instruments

without an approval of political principals and to make legally binding decisions for

third parties that should be respected and upheld by executive authorities or regulatees.

The rationales for granting different dimensions and levels of autonomy differ from one type of

institution agency to another, depending on the legal-administrative traditions. For example, due

to their oversight functions independent oversight institutions usually gain wide-ranging legal

and managerial independence from the government, but can still be subject to for example key

civil service regulations that do not impede the fulfillment of their mandate. On the other hand,

executive agencies often enjoy less autonomy, acting as category 1 bodies.

The design of general organisational frameworks should achieve a sound balance between

autonomy and political and administrative accountability.6 As government agencies operate at

arm’s length from politicians and are no longer part of the ministerial hierarchy, they are often

steered and controlled by parent ministries on an ex post basis by setting goals and targets,

monitoring and evaluating agency performance and even applying some sanctions and rewards

linked to the performance results of an agency. For instance, key performance indicators can be

set for agency managers who are held accountable for the achievement of certain targets within

their control (see section 4 below). Government agencies almost always report to the government

and its ministries (see section 5 below). In addition to ex post controls, ex ante control oriented

towards inputs and procedures is still widespread - different agency actions should be authorised

by parent ministries or other authorities. It is important to develop and apply institutionalised

mechanisms of steering and control, as in their absence politicians may be inclined to engage in

patronage relations and the frequent restructuring of agencies operating within their policy areas

in order to achieve their political goals.

Moreover, annual performance plans and reports of both oversight institutions and government

agencies are usually available to the general public and may be scrutinised by legislative bodies,

while their financial and non-financial performance is subject to financial or performance

auditing. These instruments can hold agencies accountable to parliament and citizens, thus

increasing their legitimacy. The accountability of some of these institutions (especially

independent oversight bodies and regulatory agencies) can be also ensured through appeals to

their decisions and regulations at the courts. In order to prevent regulatory capture, it is also

possible to establish special state bodies charged with cross-cutting oversight of all regulators

(e.g. the role played by the U.S. Office of Information and Regulatory Affairs) or to develop

special review arrangements.

Furthermore, in order to compensate for the loss of direct control over autonomous agencies and

improve their accountability to society, there has been a proliferation of management boards in

the governance structures of different (national or EU) agencies where political interests can be

balanced with other interests represented by experts or customers. There is large variation in the

board roles, functions and composition in Europe (ranging from one-tier to multi-tier boards or

6 OECD (2007), “Organising the Central State Administration: Policies & Instruments”, SIGMA Papers, No. 43, OECD

Publishing: http://bit.ly/2e3RXh2

http://bit.ly/2e3RXh2

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from executive to non-executive boards).7 If boards are created, it is important to pay substantial

attention to their role, size, composition, procedures and skills of their members in order to

ensure their effective functioning while not interfering in day-to-day management of individual

agencies. Boards are usually created for regulatory authorities, but sometimes other types of

government agencies (executive or advisory agencies) have boards or other steering bodies (e.g.

steering committees).

2.3. Optimisation of institutional structures in European public administrations

Despite the fact that semi-autonomous government agencies have some common characteristics,

only a few European countries have developed specific agency models or common management

practices (see sections 4 and 5 below). The absence of uniform models or practices sometimes

creates confusion among citizens, businesses and other stakeholders on what is the role of these

agencies, and generates questions on how they should best be established or governed.

Therefore, it is important to establish sound legal and administrative frameworks governing the

functioning of such agencies.8

Also, processes of agencification or externalisation of tasks to semi-autonomous government

agencies have produced some negative effects, such as an increasing fragmentation of public

administrations, co-ordination challenges and weakening accountablity lines.9 Ministries’ ability

to implement government policy depend on their ability to steer agencies. In the Western

Balkans, agencies are also at times used to circumvent existing administrative regulations on,

for example, recruitment procedures or salary limits. The proliferation of independent oversight

institutions could also create risks of oversight overlap and excessive compliance burden for

government ministries and other public sector bodies, however, there is little research on the

extent to which these effects have materialised.

These problems of co-ordination and fragmentation in European public administrations became

especially pronounced during the recent financial and economic crisis. In reaction to the need

for fiscal consolidation and structural reforms, many European countries (especially those

heavily affected by the crisis) adopted ambitious reform agendas. They not only aimed at

reducing government spending by focusing on outcomes and results, cuts to the number of

public sector employees and improvement of public administration efficiency, but also sought to

rationalise the structures of central-level government organisations. Institutions and agencies

were expected to perform in a more effective and efficient way in order to better contribute to

the achievement of government policy or legislative goals.

According to the 2013 survey of the European Public Administration Network (EUPAN)

representatives, in order to optimise their institutional structures European governments most

frequently engaged in such initiatives as mergers of government organisations and public sector

bodies, establishment of shared service centres or unification of structures and functions during

the period 2008-2013 (see Figure 1). The European countries that were most hit by the crisis

7 S. Van Thiel (2015), “Boards of public sector organisations: a typology with Dutch illustrations“, International Journal of Public Sector Management, May. 8 OECD (2007), “Organising the Central State Administration: Policies & Instruments”, SIGMA Papers, No. 43, OECD Publishing. 9 G. Hammerschmid, S. Van de Walle, R. Andrews, P. Bezes (eds) (2016), Public Administration Reforms in Europe: The View from the Top, Edward Elgar Publishing Limited.

https://www.researchgate.net/publication/283310033_Boards_of_public_sector_organizations_a_typology_with_Dutch_illustrations?ev=prf_pub

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focused on termination of government organisations and public sector bodies, as well as

unification of structures and functions.10

Figure 1. Initiatives to optimise institutional structures in European public

administrations, 2008-2013

Source: a web-based survey of the European Public Administration Network (EUPAN) participants from the EU member states

and other European countries (the associated countries, the candidate countries and other Western Balkan countries) carried out

by the Lithuanian Presidency at the end of 2013, N = 35.

A more specific and recent analysis of structural reforms in European public administrations

revealed that these changes usually aimed at reduction of operational costs, improving citizens’

and businesses’ satisfaction with public services and making the performance of civil servants

more efficient. In the majority of the EUPAN members (13 out of 23 countries), structural

reforms were launched as part of national strategies or programmes, while in three countries

(Italy, Greece and Latvia) such organisational changes were stipulated in legal documents.11 This

indicates that organisational reforms were perceived as a means of implementing national

strategies or policy and legislative agendas.

A survey of European public sector executives, which was implemented in different European

countries from 2012 to 2015, largely confirmed opinions of the EUPAN representatives. In the

context of the crisis, agencification (the average score of 2.9 on a scale from 1 to 7) was the

second least important trend of public administration reforms (after privatisation) in Europe at

organisational level. Survey respondents suggested that transparency and open government (the

score of 5.3), collaboration and cooperation (5.3) were most popular reform initiatives in their

10 For instance, in combination with other measures, Italy introduced the unification of bodies with similar assignments. 11 EUPAN (2014), Structural Reforms within Public Administration: http://bit.ly/2fNR40c

http://bit.ly/2fNR40c

16

organisations. Mergers of government organisations (4.0) were found to be important in only

some European countries, in particular in Portugal and the Netherlands.12

Table 2. Selected public administration reform trends in Europe, 2012-2015 (on the scale

from 1 to 7, with 7 meaning most important)

Reform Sample mean

(N = 17)

UK mean Lithuanian

mean

Transparency and open government 5.3 5.5 4.4

Collaboration and co-operation 5.3 5.1 4.6

Digital or e-government 5.2 5.3 4.5

Focusing on outcomes and results 5.2 5.7 5.1

Customer orientation 4.9 4.9 5.2

Public sector downsizing 4.8 5.7 5.2

External partnerships and strategic

alliances

4.5 5.1 3.3

Mergers of government organisations 4.0 4.1 3.8

Extending state provision into new

areas

3.5 2.7 4.1

Creation of autonomous agencies or

corporatisation

2.9 3.5 2.4

Privatisation 2.5 3.1 1.7 Source: K. Huxley, R. Andrews, G. Hammerschmid and S. Van de Walle (2016), Public administration reforms and outcomes

across countries and policy areas, in G. Hammerschmid, S. Van de Walle, R. Andrews, P. Bezes (eds) Public Administration

Reforms in Europe: The View from the Top, Edward Elgar Publishing Limited, p. 262.

The rest of the section further describes optimisation trends at the EU level and in a few selected

European countries (the UK and Lithuania). The analysis indicates that while EU institutions and

some European governments were engaged in the processes of structural unification, the

European Commission adopted the strategy of externalisation to executive agencies (in contrast

to the UK and Lithuanian governments that pursued de-agencification during the financial

crisis).

2.4. Co-ordinating the establishment and operation of EU decentralised and executive agencies

There are a few different types of agencies at the EU level: EU decentralised agencies, agencies

under Common Security and Defence Policy, executive agencies of the European Commission

and EURATOM agencies and bodies. This section deals only with more general sets of EU

decentralised agencies and executive agencies that have underwent some important governance

changes in the past several years.

EU decentralised agencies

EU decentralised agencies are set up by the European Parliament and the Council of the

European Union based on founding statutes to carry out specific legal, technical or scientific

12 K. Huxley, R. Andrews, G. Hammerschmid and S. Van de Walle (2016), Public administration reforms and

outcomes across countries and policy areas, in G. Hammerschmid, S. Van de Walle, R. Andrews, P. Bezes (eds)

Public Administration Reforms in Europe: The View from the Top, Edward Elgar Publishing Limited, p. 263.

17

tasks. These agencies are governed by boards (sometimes with a two-tier structure, e.g.

consisting of a large Management Board and a small Executive Board) and directors.

Most of these agencies are policy support or evidence-based decision-making agencies providing

advice and services to different policy stakeholders and beneficiaries. Some of these services

could be treated as integrity-based agencies (e.g. the European Agency for Fundamental Rights),

while other agencies are regulatory agencies (e.g. the European Medicines Agency). In order to

better differentiate among different types of specialist agencies at the EU level, the European

Commission introduced common denominators for European regulatory agencies (see Box 1

below).

Box 1. The common features of European regulatory agencies Although there is no commonly agreed definition of the term “European Regulatory Agency”, the following features have

been established for these agencies:

- a European regulatory agency is a body governed by European law;

- it is set up by an act of secondary legislation (regulation/joint action/decision);

- it has its own legal personality;

- it sometimes takes legally binding individual decisions for third parties;

- it most often receives financial contribution from the Community budget;

- it is most often a permanent body which has its seat in one of the Member States of the European Union;

- it has financial and administrative autonomy and is independent in the execution of the assigned mission/tasks.

Source: http://bit.ly/2hl7qyq

One of the recent institutional developments at the EU level was the introduction of a common

approach to EU decentralised agencies (based on common principles, an implementation

roadmap and monitoring). In the absence of a uniform agency model, the establishment of these

agencies had occurred on a case-by-case basis. By 2011, about 30 EU decentralised agencies had

been operating following different governance arrangements.

In order to improve the coherence, effectiveness, accountability and transparency of these

agencies, the European Parliament, the Council of the EU and the European Commission

developed the Common Approach on EU decentralised agencies in 2012. Although this

document has a non-binding legal status, the EU institutions need to take into account the

provisions of this institutional framework following a case-by-case analysis. 13 Also, the

document recognised the specificity of individual decentralised agencies and the need to adapt

the provisions of this institutional model based on a case-by-case analysis.

In order to align various management practices across different decentralised agencies, the

Common Approach to EU decentralised agencies set out a number of governance factors under

the following headings:

- Role and position of agencies in the EU’s institutional architecture (definition and

classification of agencies; establishment and ending of agencies; agencies’ seat and role

of the host country);

- Structure and management of agencies (Management Board, Director and other internal

bodies);

- Operation of agencies;

- Programming of activities and resources;

- Accountability, controls and transparency and relations with stakeholders.

13 See http://bit.ly/2hvgKR9

http://bit.ly/2hl7qyq

http://bit.ly/2hvgKR9

18

In order to implement the Common Approach, the European Commission prepared a roadmap on

the follow-up to the Common Approach with concrete timetables for the planned initiatives. This

document provided an inventory of all the initiatives (including priority actions and milestones)

to be taken by different EU institutions, agencies and Member States while following up on the

Common Approach. More specifically, it highlighted five priority initiatives: (i) Annual Work

Programme; (ii) conflicts of interest; (iii) Headquarter agreements; (iv) ABB / ABM and key

performance indicators (see Box 2 below); and (v) guidelines / template for evaluations. 14

Similar roadmaps could be adopted by Western Balkan countries while rationalising their

institutional structures and implementing new legislative requirements.

Box 2. The Commission’s guidelines on key performance indicators

For instance, the EC Guidelines on key performance indicators (KPI) for directors of EU

decentralised agencies set the requirements for these indicators. According to these

guidelines, KPIs are a set of performance-related indicators which should allow for an

effective assessment of results achieved against objectives and would feed into the work of

the European Parliament and the Council for the purpose of the discharge to the Agencies.

Also, these KPIs should measure the performance of the Director in achieving operational

objectives, managing the financial and human resources allocated for this purpose, as well

as other specific aspects of his/her performance. By definition they should address factors

that are critical to the success of an organisation and measure its performance towards

achievement of priorities and objectives. Source: The European Commission (2015), Commission staff working document, Guidelines on key performance indicators

(KPI) for directors of EU decentralised Agencies.

Executive agencies of the European Commission

In addition to EU decentralised agencies, six executive agencies of the European Commission

recently experienced important institutional changes. These agencies execute delegated EU

programmes, parts of programmes and manage other executive or sometimes even non-

executive tasks, while tasks involving a large measure of discretion and implying political

choices are reserved to the European Commission. Most executive agencies of the European

Commission are multi-departmental: they manage tasks delegated by more than one directorate-

general of the European Commission (e.g. the Education, Audiovisual and Culture Executive

Agency currently has four parent departments). Although these agencies are independent legal

bodies and have operational autonomy, their autonomy in financial and human resource

management is limited as they function within the rules determined by the European

Commission. Also, different directorates-general and services of the European Commission

supervise their financial and non-financial performance on a regular basis.

In order to implement the new generation of EU programmes in a more efficient and effective

way, the European Commission externalised large parts of EU programmes and delegated

additional executive tasks to these agencies. For instance, about 50% of the EU Horizon 2020

(research and innovation) programme has been externalised to executive agencies. Also, these

reforms aimed at allowing directorates-general of the European Commission to better focus on

their policy-making tasks. As a result of ongoing externalisation, the total staff of the

Commission’s executive agencies is constantly increasing, while the European Commission is

decreasing its personnel in order to meet its 5% target of staff reduction over the period 2014-

2020.

14 See http://bit.ly/2hv6EQ2

http://bit.ly/2hv6EQ2

19

The operation of the European Commission’s executive agencies is based on a comprehensive

institutional framework that sets out the elements needed for the creation and running of these

bodies.15 In order to better co-ordinate the management of these agencies in the context of

ongoing externalisation, the European Commission deployed new management models for

managing some of the EU programmes and put in place the Guidelines for the establishment

and operation of executive agencies financed from the Union budget.16 This document

clearly outlines the Commission’s executive agency model and links different elements like the

creation, autonomy, control and management of these agencies in an integrated way.

The Guidelines set out a number of factors, which should be assessed before an agency is

established or its mandate is extended (see Box 3 below). According to the Guidelines, the

assessment of these factors must be addressed in a compulsory cost/benefit analysis and analysed

in detail. These agencies have a time-bound mandate, which is usually limited to the specific

programming period. Before their mandates are extended, another compulsory cost/benefit

analysis should be carried out in order to demonstrate that the executive agency scenario is more

cost-effective compared to other alternatives (especially the Commission or in-house scenario).

Box 3. Factors for establishing an executive agency

- the need for a high level of technical and financial expertise throughout the programme

and

- project management cycle;

- the need of efficiency and flexibility in the implementation of the delegated tasks;

- the need to simplify the procedures used;

- clear division of programme management tasks between the Commission and the

agencies.

- the need for the Commission to focus on legislative and strategic tasks in policy

formation and monitoring, including those connected with Union programmes;

- the need to carry out certain activities with increased visibility without any intervention

by third parties as intermediaries;

- the proximity of the delegated tasks to final beneficiaries;

- the need to establish a single entry point for all potential recipients of Union funds in a

given

- field;

- the possibility of economies of scale. Source: Commission Decision of 2/12/2012 establishing guidelines for the establishment and operation of executive agencies

financed from the Union budget. C(2014) 9109 final. Brussels, 2/12/2014.

In addition, these guidelines set out the following instruments in order to ensure uniformity and

efficiency of their governance:

- Appointment of steering committee members and the agency’s director;

- Operational framework and financial arrangements;

- Budget arrangements;

- Human resources;

- Common support services and infrastructure.

15 OECD (2007), “Organising the Central State Administration: Policies & Instruments”, SIGMA Papers, No. 43, OECD Publishing. 16 Commission Decision of 2/12/2012 establishing guidelines for the establishment and operation of executive agencies financed from the Union budget. C(2014) 9109 final. Brussels, 2/12/2014.

20

For instance, since the savings of the executive agency scenario should result primarily from a

higher share of lower cost external personnel (compared to Commission officials) employed

within the executive agencies, the guidelines specified procedures for managing contract agents.

Similar guidelines could be developed in Western Balkan government agencies if some of their

employees are not covered by civil service legislation.

2.5. National agency models and trends

Case of the UK (with a focus on executive agencies)

There are many semi-autonomous government agencies in the UK. A 2008 review counted 1 148

semi-autonomous public bodies connected to UK central government or the devolved

administrations in Scotland, Wales and Northern Ireland.17

Currently, there are three main types of public sector bodies in the UK (of different formal

institutional types with various degrees of autonomy):

- Non-ministerial departments, which usually carry out regulatory or inspection functions;

- Executive agencies, which are part of government departments and usually execute

policies or provide government services. They are business units headed by a chief

executive;

- Four types of non-departmental public bodies (NDPBs), which include executive NDPBs

working for the government in specific areas, advisory NDPBs providing independent,

expert advice to ministers, tribunal NDPBs which are part of the justice system and

independent monitoring boards responsible for the running of some government services.

Although the majority of public bodies that operate within the country are established and

operated by the government, some institutions are set up by and directly accountable to the

parliament (usually through one of its committees) because of their importance to the legislature

and independence from the executive. The best example of an independent parliamentary body is

the National Audit Office that reports to the Comptroller and Auditor General (an officer of

the House of Commons) and the Public Accounts Committee (a committee of the House of

Commons). Another example is the Independent Parliamentary Standards Authority that was set

up by the parliament in 2009 in order to independently oversee and regulate the MPs’ business

costs and expenses.

It is important to note that a few decades ago the UK developed a clear model of the executive

agencies, which are often called the ‘Next Steps’ agencies named after the 1987 report title. The

implementation of this reform hived off a large part of the civil service to these agencies. This

model remained intact over time despite many institutional changes in this country. There were

42 executive agencies in the beginning of 2015 in the UK according to its register of public

sector bodies. The key characteristics of this ‘Next Steps’ agency model are the following:

- They are established for delivering central government services;

- In most cases, they are legally part of the ministerial departments;

- They are headed by chief executives;

- They enjoy considerable operational freedom;

17 B. Farrugia and J. O’Connell (2008), ACA to YJB: A guide to the UK’s semi-autonomous public bodies, 2007-08. London: The Taxpayers Alliance cited in O. James, A. Moseley, N. Petrovsky and G. Boyne (2011), The Executive Agency Revolution in the United Kingdom, in G. Bouckaert, P. Laegreid, S. van Thiel and K. Verhoest (eds), Government Agencies: Practices and Lessons from 30 Countries, Palgrave Macmillan.

https://www.gov.uk/government/organisations#non-ministerial-departments

https://en.wikipedia.org/wiki/Comptroller_and_Auditor_General

https://en.wikipedia.org/wiki/British_House_of_Commons

https://en.wikipedia.org/wiki/Public_Accounts_Select_Committee

21

- But they are controlled on the basis of objectives and targets set by their parent

departments;

- Some of them have ministerial advisory boards and/or management boards.

The introduction of this agency model arguably helped focus attention on the organisations’ core

business, allowing them to operate in a more business-like and output-oriented fashion.

However, overall efficiencies of agencification are not clear, and this process further exacerbated

problems of co-ordination in the central government and has not improved accountability to

customers.18

The Conservative-Liberal Democrat coalition government that came into power in 2010 focused

on delivering cuts to government expenditure and reforming the public sector. A large-scale

Public Bodies Reform programme, which included executive agencies, non-departmental

public bodies, non-ministerial departments and other bodies, was implemented from 2010 to

2015. The programme was based on the assumption that a body should only exist at arm’s length

from government if it meets one of the three following tests (without mentioning the criterion of

flexibility or efficiency):

- It performs a technical function;

- Its activities require political impartiality; and

- It needs to act independently to establish facts.

The Public Bodies Act 2011 enabled the UK government to implement its structural reforms.

Over 900 public sector bodies were subject to functional or tailored reviews undertaken by all

departments in 2010. By the end of 2015, more than 190 bodies were abolished and more than

165 bodies merged into fewer than 70. Over 130 public sector bodies have been substantially

reformed.

All these initiatives produced a leaner and more simplified agency landscape. It was estimated

that government expenditure was reduced by about £3 billion over the life of the programme.

Also, functions carried out by over 75 public sector bodies were moved closer to elected

representatives (central departments/executive agencies or local decision-makers) in order to

increase their accountability.19

According to a 2015 survey, 87% of UK civil servants believed that focusing on outcomes and

results is one of the most important reforms in their policies areas, while 84% of them believed

that public sector downsizing was another important reform trend during the crisis period. When

compared to the average results from the overall sample (see section 3 above), civil servants in

the UK believed that external partnerships/alliances were important to a larger extent than their

European counterparts.20 This could be related to the fact that as part of the open services agenda

the UK government launched several networks, e.g. the Public Service Transformation Network

to champion a “whole place”, multi-agency approach to public service reform.21 This example

illustrates the post-NPM trend of partnerships and collaboration among different government

agencies and other public sector bodies in the UK.

18 O. James, A. Moseley, N. Petrovsky and G. Boyne (2011), The Executive Agency Revolution in the United Kingdom, in G.

Bouckaert, P. Laegreid, S. van Thiel and K. Verhoest (eds), Government Agencies: Practices and Lessons from 30 Countries,

Palgrave Macmillan. (available online: http://bit.ly/2grVHd9)

19 Annex – Public Bodies Reform Programme Update, 1 December 2015, available at: http://bit.ly/2gGlQua 20 R. Andrews, J. Downe and V. Guarneros-Meza (2013), Public Sector Reform in the UK: Views and Experiences from Senior Executives, May. http://bit.ly/1wwFRSW 21 HM Government (2014), Open Public Services 2014, London: HM Government.

http://www.legislation.gov.uk/ukpga/2011/24/contents

http://bit.ly/2grVHd9

http://bit.ly/2gGlQua

http://bit.ly/1wwFRSW

22

Case of Lithuania (with a focus on regulatory agencies)

The Lithuanian agencies operate within the structure of the dual executive consisting of the

president and the government. According to the Government Law, the ministries are responsible

for policy making, while the agencies are responsible for policy implementation (including the

regulation of economic activities and the provision of public services). There are some state

institutions accountable to the parliament that mostly carry out oversight functions (e.g. the

National Audit Office, the Ombudsmen’s Office or the Chief Official Ethics Commission) or

provide advice to the parliament on policy making (e.g. the National Health Council or the

Research Council of Lithuania). There are only a few institutions reporting the parliament that

execute specific regulatory (e.g. the Competition Council but this institution also has an

oversight role) or executive functions (the Press, Radio and Television Support Fund).

As a small and open economy, Lithuania was hit particularly hard by the global financial crisis.

In response to this challenge, the 2008-2012 Lithuanian government initiated broad

organisational reforms affecting all types of central-level institutions. All Lithuanian ministries

were restructured, several government and many ministerial agencies were abolished or

reorganised in 2009-2011, though one new ministry (the Ministry of Energy) was created to

focus on structural energy reforms. This was confirmed by a survey from 2013, which indicated

that public sector downsizing, customer orientation and focus on results were regarded as the

most relevant reform trends in Lithuania. On the other hand, the survey results also showed that

creation of autonomous agencies and corporations (agencification) as well as privatisation were

not put on the agenda of the Lithuanian authorities during the financial crisis.22

As a result of these institutional changes, the number of central-level institutions (including

territorial units) decreased from 1 190 in 2008 to 855 in 2011. The 2012-2016 Lithuanian

government focused on the reform of regulatory agencies (see below) and the reorganisation of

small budgetary institutions that employ up to 20 staff. For instance, in 2014 it was decided to

reorganise 55 small institutions, of which 13 institutions were abolished or merged by the end of

2015. Overall, there was a substantial change to the organisational landscape in the period 2008-

2015, but the number of different organisations and agencies was reduced mostly through the

abolition or reorganisation of territorial units (most of which acted as legal bodies before the

reform) and small institutions.23

From 2009, the organisational reforms were guided by the concept paper on the improvement of

the institutional set-up within the executive system. This government document specified the

principles (including separation of policy making and implementation) and directions of

structural reforms, as well as set out a number of specific measures for implementation.

Furthermore, the Lithuanian Government re-established the ‘Sunset’ Commission, which

provided advice to the Government Office (Prime Minister’s Office) on optimising the structure

of public administration and reviewing the functions of state institutions and different agencies.

The Government Office set up a number of working groups to review the performance of some

22 R. Rauleckas, V. Nakrošis, R. Šnapštienė and L. Šarkutė (2016), „The impact of public management reforms in Lithuania: systemic managerial changes and persisting organizational differences“, in G. Hammerschmid, S. Van de Walle, R. Andrews, P. Bezes (eds) Public Administration Reforms in Europe: The View from the Top, Edward Elgar Publishing Limited. 23 V. Nakrošis and Ž. Martinaitis (eds) (2011), Lithuanian Agencies and Other Public Sector Organisations:

Organisation, Autonomy, Control and Performance, Vilnius: Vilnius University.

23

government agencies, while the Ministry of the Interior developed a methodology on functional

reviews and launched a functional review programme.

One of the main horizontal reform initiatives during the period 2008-2016 concerned the

structure and performance of regulatory agencies. Most of these agencies are government

agencies reporting to the Government Office or sectoral ministries. Some of them enjoy

independence from the executive (e.g. the Competition Council that is accountable to the

Lithuanian Parliament, has wide discretion to adopt rules and select regulatory and oversight

instruments). All of these agencies hold the status of budgetary institutions, while almost all of

them act as civil service authorities falling within the scope of the Civil Service Law.

At the end of 2008, there had been about 150 such agencies whose functions overlapped to some

extent. Their performance culture had been perceived to be frequently based on mistrust and

bureaucratic control rather than trust and provision of advice and assistance to promote

compliance. The reform aimed at reducing administrative burden for businesses and creating a

more favourable business climate in the country. In order to better co-ordinate regulatory

activities, it was proposed to cluster all regulatory agencies according to eight policy areas

(environment; market regulation; financial regulation; culture and education; taxes, customs and

accounting; health care; product and process safety). Some mergers of regulatory agencies were

implemented within these policy areas. For instance, the 2008-2012 government absorbed the

Securities Commission and the Insurance Supervisory Commission into the Bank of Lithuania,

while the 2012-2016 government integrated the State Non-Food Product Inspection and the

Metrology Inspection into the State Consumer Rights Protection Authority. Also, at the end of

2016 the Government decided to merge the National Commission for Energy Control and Prices,

the Communications Regulatory Authority and the State Energy Inspectorate into a single

infrastructures regulatory authority by 2018.

Moreover, the Ministry of Economy promoted application of common instruments in regulatory

agencies that included, among other things, risk management systems, inspection checklists,

uniform and quality advisory services, declarations for the first business year and performance

measurement and assessment. For instance, risk assessment was established as the foundation for

business inspection activities, implying that in their activities regulatory agencies should focus

on high-risk cases. Also, it was decided that business inspections carried out by regulatory

agencies will be based on clear inspection checklists containing information on each step of the

inspection process. An increase in the application of these instruments in Lithuanian regulatory

agencies was reported as a result of this initiative, with some differences across regulatory

agencies (with large regulatory agencies more advanced compared to smaller ones). Also, it was

estimated that the number of inspection visits per inspected businesses went down in from 2011

to 2012, but it recovered in 2014 after the pace of this reform slowed down.24

3. COMPARATIVE ANALYSIS OF AGENCIES IN KOSOVO

3.1. The types of agencies, their legal mandates and main organizational characteristics

There are two major groups of agencies presently recognized in public administration in Kosovo.

The first group is agencies established by the Assembly (despite the fact that some of them carry

out regulatory or executive tasks) and the second group are agencies established by the

Government of Kosovo. The first group includes 32 agencies and the second group 47. There is a

24 OECD (2015), Regulatory Policy in Lithuania: Focusing on the Delivery Side. http://bit.ly/2f2A2fG

http://bit.ly/2f2A2fG

24

broad understanding that the number of such structures is significant. Also, in contrast to the

majority of European public administrations that experienced de-agencification in the recent

years (see part 3 of the report above); the number of agencies in Kosovo has been constantly

growing since 1999. Yet, how did this number come about and how has it developed over the

years?

Kosovo Assembly Institutions and Agencies

When researching the basis for their establishment, Kosovo’s Constitution should be the first

point of reference. In various parts of the Constitution of Kosovo there is mention of five

institutions25 that are not the Assembly, Government or President, rather other independent and

constitutional institutions. Further, in the Constitution there is a separate chapter on independent

institutions, Chapter XII, which lists five other institutions designated as Independent

Institutions26. The mere naming of these institutions introduced the “constitutional” requirement

to establish them by subsequent special laws. Up to this point, we are referring to ten

independent institutions arising from the Constitution. However, the real problem with

agencification or establishment of agencies by the Assembly is Article 142 of the Constitution of

Kosovo on Independent Agencies. According to this Article:

“Independent agencies of the Republic of Kosovo are institutions established by the

Assembly based on the respective laws that regulate their establishment, operation and

competencies. Independent agencies exercise their functions independently from any

other body or authority in the Republic of Kosovo. Independent agencies have their own

budget that shall be administered independently in accordance with the law....”

This article is too broad because it determines neither the criteria or nor the areas where such

agencies could be established providing full discretion to the Assembly on the establishment of

independent agencies granting agencies unwarranted independence ranging from the

establishment, functions, powers to budget that are largely determined by the laws on their

establishment. Given that this article is placed in Chapter XII of the Constitution, which governs

the independent institutions of oversight character, it has arguably contributed further to the

contentious establishment of agencies pursuant to this article. According to function, many

parliaments including the Assembly of Kosovo, exercise legislative, elective and oversight

functions, therefore some of the agencies established pursuant to Article 142 do not perform such

functions but rather mainly executive functions which in turn fall under the authority of the

executive branch. Pursuant to this Article, the Assembly has also created 22 independent

agencies, which together with the institutions established as required by the Constitution make

up the 32 institutions and independent agencies.

In addition to above quoted article of the Constitution on independent agencies, there is not any

law on independent oversight institutions and semi-autonomous government agencies

establishing the general principles on issues such as type of structure, criteria for appointment of

members to relevant boards, should they be governed by collegial or individual bodies, decision-

making, organisation, finance and recruitment independence and any other issue of importance

for the organisation of agencies. Consequently, each relevant law has defined a different type of

independence in terms of organisation, board, membership, budget and averting implementation

25 Constitutional Court of Kosovo, Kosovo Prosecutorial Council, Kosovo Judicial Council, Kosovo Security Council and Kosovo Intelligence Agency. 26 Ombudsperson, Auditor General, Central Election Commission, Central Bank of Kosovo and Independent Media Commission.

25

of rules applicable to the entire public administration. For example: laws have allowed for the

setting of salaries by board decision, to avoid the application of the Law on Civil Service,

independent budget lines and independence in expenditures of public funds. Reasons for their

establishment lie neither being able to work efficiently nor in the separation of functions in

policy-making and enforcement, but rather relate to the Constitutional requirement, the

possibility of budgetary independence due to the independent budget line and averting the

applicable rules for staff recruitment and payment. Consequently, all 32 agencies have

independent budget lines, some of them do not apply the Law on Civil Service and salaries of

board members are set by the Assembly with no legal basis. In some cases salaries of both civil

and public servants are set by the relevant Board, allowances, etc.

Amendments and supplements to the Law on State Administration should set criteria and

measures making them binding for all independent agencies established by the Assembly.

Therefore, there should be a law that uniformly provides for these issues on a horizontal level for

all agencies. The current situation with Kosovo’s independent agencies is the opposite of

uniformity in several elements due to each agency being regulated by a special law. Aside from

agencies that act in the capacity of regulatory bodies covering specific market sectors in Kosovo

and whose existence can be justified, laws that have established the other independent agencies

do not determine the reasons for their establishment. However, the laws in question were adopted

considering the competence of the Assembly to adopt legislation (Article 65, paragraph 1 of the

Constitution), and are not based on efficiency and efficacy or any other reason that provides

legitimacy to the establishment and existence of an independent agency.

Kosovo Government Agencies

The second group of agencies are central and independent bodies of the Government as part of

line ministries. Currently, 12 of 19 government ministries have established central bodies which

are known by such names as Agency, Executive Agency and Central State Administration Body.

The legal basis for their establishment is the Law on the State Administration of the Republic of

Kosovo according to which:

“Central Administrative bodies exercise competencies which cover the whole territory of

Kosovo. They are subordinate to a particular ministry or in exceptional cases to the

Office of the Prime Minister. Central State Administration Bodies shall perform

ministerial and other administrative tasks, especially to relieve the respective ministry

from routine tasks and from tasks requiring a high degree of specialization”27.

Considering this legal provision, ministries have established central bodies which in most cases

used to be departments at the ministries before being transformed into agencies. For instance: the

Agency of State Archives under the Office of the Prime Minister used to be the Department of

State Archives under the Ministry of Culture, Youth and Sports and was later transformed into an

agency. Further, the Kosovo Forensic Agency under the Ministry of Justice used to be a

department later converted into an agency. The reasons for their creation can be summarised as

follows: managerial independence and independence from the Secretary General, a higher degree

of budgetary independence than at departmental level, opportunities for employment and

appointment of a Director General or Chief Executive Officer in charge of the central body

(Agency) at the same level and salary equal to the Secretary General of the Ministry. This is

what has led to the establishment of 47 central state administration bodies which may have

27 Law No. 03/L-189 on the State Administration, Article 23: http://bit.ly/1fpUvqM

http://bit.ly/1fpUvqM

26

different names, but generally are administrative structures separate from divisions and

departments, not subject to supervision by the Secretary General, but, however subordinate to the

minister. A graphic representation of the growth trend in the number of Assembly and

Government Agencies over the years is depicted below.

Chart 2: Growth trends and totals of Assembly and Government agencies

Typology and terminology of Assembly and Government Agencies

Both large groups of agencies above are based on the framework criterion, whether they operate

under the Assembly or Government, however if we were to employ a typology based breakdown,

the agencies are divided into four types: 1) institutions established by the Constitution, 2)

independent institutions according to Chapter XII of the Constitution, 3) independent agencies

per Article 142 of the Constitution and 4) agencies (central and independent bodies) within the

Government. However, these agencies or organisational structures have different names in the

legislation that establishes them and create confusion as to the kind of agency they are. After an

analysis of the names in the laws that establish these agencies, the situation is as follows.

Table 3: Names of Assembly and Government Agencies in Legislation

No. Assembly agencies No.

1. Independent Agency 2

2. Independent Body 8

3. Independent Institution 6

0

10

20

30

40

50

60

70

80

90

19

99

20

00

20

01

20

02

20

03

20

04

20

05

20

06

20

07

20

08

20

09

20

10

20

11

20

12

20

13

20

14

20

15

20

16

Assembly

Government

Total

27

4. Independent Regulatory Institution 2

5. Independent Regulatory Body 1

6. Independent Regulatory Agency 2

7. Independent Constitutional

Institution 9

8. Independent Constitutional Agency 1

9. Independent Professional Body 1

10 Public Authority 1

Total 32

Government agencies No.

1. Governmental Body 1

2. Professional and Independent Body 1

3. Executive Agency 5

4. Central Body 23

5. Special Organizational Structure 1

6. Independent Central Body 1

7. Independent Executive Agency 2

8. Public Service 1

9. Independent Executive Institution 1

10. Independent Executive Authority 1

11. Independent Body 3

12. Independent Executive Body 1

13 Executive Central Body 2

14. Administrative Body 1

15. Public Research Institution 1

16. Independent Public Body 1

Total 47

Grand total 79

As seen from the names in Table 1 above, there are 10 different names for agencies within the

Assembly and 16 other name designations for Government agencies. In general, a total of 26

different names are used to describe the status of 79 agencies. Another characteristic is the

existence of “independent” agencies within the Government as well, while being run by directors

and under the authority of the Minister. These seven independent, and in some cases executive,

agencies create confusion whether they are part of Assembly framework or under a line ministry

and a responsibility of the minister.

Internal Structure and Organisation of Institutions and Agencies

The internal structure and organisation of Assembly Agencies is very different compared to

Government Agencies. As there are significant differences within both groups, the following

analysis addresses this issue following the breakdown into two major groups.


Independent institutions and agencies within the Assembly have two types of decision-making

bodies, different collegial body membership numbers, different mandates, different criteria for

28

being a member of the board, different board selection methods, and different roles for the

Boards such as supervisory, executive, and sometimes both.

Regarding the structure of the agency’s decision-making body, collegial or individual, most

agencies have collegial type boards and a small number have individual bodies or directors.

Table 4: Number of Assembly Agencies with Collegial and Individual Bodies

Decision-Making

Body No. of Agencies

Collegial 27

Individual 6

The laws establishing these agencies do not provide any reason as to why one model prevailed

over another, for example: why the Agency for the Management of Memorial Complexes is run

by a Director and on the other hand, the Kosovo Property Agency is governed by a Board.

Collegial and individual bodies have their own advantages and disadvantages, for example, an

agency that is run by one person and where decisions are made by one person, can lead to the

concentration of power in one person’s hands. Nevertheless the rationalisation of expenditures

for wages and other benefits can be viewed as an advantage. On the other hand, in agencies that

are governed by boards, decision-making powers are distributed among several persons and

decisions are taken by majority vote. However these can be costly for the Kosovo budget in

terms of salaries, expenses and other benefits.

Regarding the number of board members, there is no a rule on the minimum and maximum of

agency board members. Thus, there are agencies with three board members, for example: Public

Procurement Regulatory Commission has three members, and agencies with 13 board members,

such as the Kosovo Judicial Institute or the Kosovo Judicial Council. Another aspect is the role

of decision-making bodies, which can be supervisory, or executive role, or both. For example,

the Agency for Free Legal Aid is led by a Director who has an executive role while the Board of

the agency has a supervisory role, or the Railway Regulatory Authority, Civil Aviation Authority

where the boards in both cases have a supervisory role and Director General holds executive

powers. Assembly agencies (except for regulators) vested with executive powers counter the

very principle of the separation of powers between the Assembly as the legislative body and the

Government as the executive body. Most agencies, especially those created pursuant to Article

142 of the Constitution (except the six regulators) can also function within the Government. For

example, why should there be:

- Council for Cultural Heritage within the Assembly with seven board members and seven

officers, when the Ministry of Culture, Youth and Sports has a special department for

cultural heritage?

- Agency for the Management of Memorial Complexes within the Assembly when such a

task can be performed by the Ministry of Environment and Spatial Planning or the

Ministry of Culture?

- Agency for Free Legal Aid as a stand-alone agency within the Assembly, when there is a

Ministry of Justice in the Government?

Another problem encountered in the decision-making bodies (whether collegial or individual) is

the way they are elected. This point is important because it questions the independence of

independent Assembly agencies where board members are nominated by the Government and

29

only formally endorsed by the Assembly. In 32 such institutions and agencies, there are two

main ways: 1) proposed by the Government and appointed by the Assembly, or 2) selected

through competition and appointed by the Assembly. Since it is important for the independence

of the agencies, listed below are those whose boards are proposed by the Government. Worse

yet, there are cases where it is not known who proposes or how board members are proposed, in

the Kosovo Council for Cultural Heritage, for example. In the Law on Cultural Heritage it is

merely mentioned that the Council consists of seven members who are elected by the Assembly

for a three-year term, but it is not established how this is achieved, whether they are proposed by

the Government, or selected through competition by the Government or Assembly, or any other

way.

Table 5: Agencies whose Boards are proposed by the Government

Institution/Agency

Proposed by the Government and Appointed by the

Assembly

Kosovo Property Agency

5 Members, elected by the Assembly upon proposal by the

Prime Minister

Property Agency of Kosovo

8 Directors, elected by the Assembly upon proposal by the

Government

National Agency for Personal

Data Protection

5 Members, appointed by the Assembly upon proposal by

the Government

Kosovo Pensions Savings

Trust

7 Members, selected through competition, approved by the

Government and submitted to the Assembly for a vote

Procurement Review Body


the Government pursuant to the recommendation of the

independent selection body established by the Assembly

Kosovo Competition Authority

5 Members, proposed in a package by the Government and

appointed by the Assembly

Regulatory Authority of

Electronic and Postal

Communications

5 Members, proposed by the Government and appointed by

the Assembly

Railway Regulatory Authority

4 Members, proposed by the Government and appointed by

the Assembly

Public Procurement

Regulatory Commission


the Government

Civil Aviation Authority

5 Members, appointed by the Government upon proposal by

the Minister

Kosovo Council for Cultural

Heritage 7 Members, elected by the Assembly

Energy Regulatory Office

5 Members, proposed according to a competition and

appointed by the Assembly

The fact that the boards of these agencies and institutions are proposed by the Government

because this is what the relevant laws provide for, casts doubt on the independence of these

structures by the Government and questions the need for their existence within the Assembly.

Such a selection method by proposal increases the possibility that nominated candidates for the

boards end up being political and not professional. Further, another issue is that Commissions,

which are created on an ad hoc basis for the evaluation of the competence of applicants, are

composed of members of political parties that are elected members of the Assembly.

30

Participation in such Commissions is not available to representatives from academia or civil

society who would provide a more fair, transparent process and judicious evaluation based on

merit and professionalism. The currently applicable method could easily be understood as

apportionment or agreement between political parties to support one candidate or another and

thus mutually vote for their preferred candidates.

In terms of who is the most senior administrative official in independent oversight institutions

and agencies of the Assembly, in three institutions this position is exercised by political

appointees and not from a position that could be the institutional memory notwithstanding

changing boards or expired mandates. For example, the principal administrator of the Regulatory

Authority of Electronic and Postal Communications is the Chair of the Board, at the Water

Services Regulatory Authority it is the Director who leads the authority and the principal

administrator of the Public Procurement Regulatory Commission is the President of the Board.


Unlike the Assembly agencies with decision-making bodies (collegial or individual) appointed

by the Assembly, Government agencies are led by a Director General who in some cases is

designated Chief Executive Officer. In cases of inspectorates, such as the Market Inspectorate or

the Inspectorate of the Ministry of Justice, the head of the institution is designated Chief

Inspector. In most cases, the Director General is accountable to the Minister concerned, however

there are cases where this structure includes a board or council serving as a supervisory body to

the agency director or central body. For example, the Financial Intelligence Unit at the Ministry

of Finance is headed by a Director who is appointed and dismissed by the board, but the Chair of

the Board is the Minister of Finance. Regarding the regulations on internal organisation and

systematisation of jobs, some agencies have their own regulations on organisation by the

ministry and some are subject to the Ministry’s regulation. For example, Agency on Gender

Equality or Food and Veterinary Agency have regulations separate from the regulation of the

Office of the Prime Minister, and Kosovo Standardisation Agency or Kosovo Metrology Agency

under the Ministry of Trade and Industry are part of the Regulation on Internal Organisation and

Systematisation of Jobs at MTI. There is more information available where there is a separate

regulation for agencies of the ministry, rather than when a regulation serves to organise the

ministry and its central agencies or bodies. The Law on the Organisation of Public

Administration in Kosovo should also contain rules governing this issue. Additionally, some

laws state that internal agency organisation is set by by-laws. However such an arrangement is

neither part of the ministry’s regulation nor is there a separate regulation for such an agency. For

example, the Law on the Kosovo Agency for Radiation Protection and Nuclear Safety (Article

11) states that the Chief Officer of the agency shall issue a by-law on the internal organisation

and functioning of the agency, but in practice there is no such by-law or one may be in place

however it is not public.

An analysis of the language in the laws that have established these agencies or central bodies

(notwithstanding the name), provides that besides some general and weak points in the Law on

State Administration, that there is no other statute or document that sets out briefly what

elements should an agency structure/organisation include. For example, should internal

organisation be addressed in the law or should it be determined through a by-law, should duties

and responsibilities of the Director be determined by law or bylaw, etc. All the laws establishing

these agencies have varying content. For example, some agencies have legal person status as

established in the law and some do not, some have defined duties for the director in the law and

for some this is done in bylaws. In laws that have only established the agency and the law does

31

not address other issues, greater space has been granted for agency organization, duties, director,

director’s duties, budget, etc. For example, the Accreditation Agency under the Ministry of

Education was established by the Law on Higher Education and only a small portion of the law

addresses the agency, and the Emergency Management Agency was established by a special law

and the whole law provides for agency organisation issues.

The Law on State Administration on the organisational structure of central state administration

bodies provides that central bodies shall be organized in two levels: Directorates and Sections,

where a Section represents the basic component28. According to an analysis of the organisational

structure of central bodies, several of them have organisational structures that are different from

what is prescribed by the relevant law. For example, the Agency for Gender Equality is

organised into divisions, the Emergency Management Agency is organised into departments and

divisions, and a considerable number of central bodies have the same setup.

According to an OECD paper on the organisation of central state administration29, at EU level

there is a Regulation30 laying down the statute for executive agencies to be entrusted with certain

tasks in the management of programmes at EU level. According to this publication, while the

structure for executive agencies presented in this regulation is not to be considered as a model to

be necessarily followed, the regulation has the advantage of being very comprehensive and

serves as a reference for EU Member States for specific types of agencies. For example, a few

important points of this regulation that are mostly absent in Kosovo executive agencies are:

location, budget, laws that apply to budget proposal and spending, personnel, establishment and

timeframe that determines agency duration, etc. Apart from the Kosovo Academy for Public

Safety, where the law on its establishment notes that the Academy is headquartered in Vushtrri,

there is no other agency where the law determines the location of the agency’s seat. The relevant

law only provides the framework for the agency to be established, without any indication of the

seat of the agency. Further, there is no mention of budget for any agency, for example, how the

budget is appropriated to support agency task implementation and then this budget varies from

year to year depending on the budget proposal and its approval. In some agencies, it is indicated

who proposes and approves the budget and that the budget is prepared and spent in accordance

with the Law on Public Financial Management and Accountability, however most agencies don’t

have any information on the budget, its proposal and approval. Additionally, laws establishing

these agencies do not indicate any time frame for the dissolution of the agency or that there will

be a cost-benefit analysis of its operations and how this may lead to the dissolution of the

agency.

It is very legitimate that an agency is subject to analysis to ascertain whether it is still relevant in

terms of mandate and tasks assigned upon inception and in wake of analysis it may be subject to

reform or even dissolution. Regardless of the agency’s tendency to survive and even grow over

the years, a periodic external and independent assessment should be inevitable, providing

recommendations for change, limitation, or dissolution of the agency. For this reason, it is

important that the legal basis that establishes an agency includes a provision which determines

the issue of periodic assessment for the agency and its duration depending on the assessment

recommendations. Central agencies and authorities in Kosovo have no such provisions, neither

for periodic assessment and possibility of dissolution if the outcome is negative, nor provisions

28 Law No. 03/L-189 on the State Administration, Article 42: http://bit.ly/1fpUvqM 29 OECD (2007), “Organizing the Central State Administration: Policies and Instruments”, Sigma papers, no. 43, page 6, OECD publishing: http://bit.ly/2e3RXh2 30 Council Regulation (EC) 58/2003 of 19 December 2003: http://bit.ly/2dtvqdR

http://bit.ly/1fpUvqM

http://bit.ly/2e3RXh2

http://bit.ly/2dtvqdR

32

determining the duration of an agency regardless of rating outcome. There should not be only

permanent agencies or bodies, but also temporary agencies which are created for a specific

period of time and perform specific activities. Agencies in Kosovo should have sunset clauses in

their legislation and become subject of reform or terminated at some point.

3.2. Human resource management dimensions – recruitment, job classifications and personnel management

Employment relationships for employees in both groups of agencies are established as per the

Law on Civil Service, the Law on Labour and a special law establishing the relevant agency. The

Law on Civil Service establishes the employment relationship for civil servants, the Law on

Labour establishes the employment relationship for support personnel who do not qualify as civil

servants under the Law on Civil Service. For employees in collegial or independent agency

bodies within the Assembly, their employment relationship is established by the Law on the

Establishment of the Relevant Agency. Per these three legal bases, three employee statuses have

been created applicable to employees in general in Kosovo: civil servant (Civil Service Law),

public servant (Labour Law) and high public official (relevant laws). The term high public

official is not yet well defined, but mainly it means elected officials and appointees by elected

officials.

Employment Relationship in Kosovo Assembly Institutions and Agencies

Among the 32 independent institutions and agencies operating in the framework of the

Assembly, five of them do not apply the Civil Service Law as employees in these institutions are

not civil servants. For example, Article 73, paragraph 2 of the Law on Central Bank of Kosovo

(CBK) provides that CBK shall not be subject to the Law on Civil Service31. Other institutions

that do not apply the Law on Civil Service are: Radio Television of Kosovo, Kosovo Pensions

Savings Trust, Energy Regulatory Office and Kosovo Intelligence Agency. The latter is not an

Assembly agency; however, it reports to a special Assembly Committee. The employment

relationship in these institutions is governed by the Labour Law and the Law on the

Establishment of the Relevant Institution. In this regard, it is unclear whether employees in the

Air Navigation Services Agency of Kosovo (ANSA) are civil servants or not. Under Article 9 of

the Law on the establishment of this agency, by a sub-legal act the Director regulates the

operation and staff job positions32. This issue is not regulated by secondary legislation and now

ANSA has addressed MPA to handle this issue.

In the 32 independent institutions and agencies within the Assembly, the employment

relationship of members of the collegial bodies or the director (in cases of individual bodies) is

regulated by the special law that established the institution or agency. However, there are cases

where a law regulates the employment relationship in more than one institution, for example: the

Law on Public Procurement serves as a legal basis for the establishment of employment

relationships with the Board of the Public Procurement Regulatory Commission (PPRC) and the

Board of the Procurement Review Body (PRB). Then, there are cases where more than one

relevant law is applicable for an institution. For example, in the case of the Kosovo Judicial

Council (KJC), employment relationships are established by the Law on Courts (in addition to

the Law on the KJC). In the case of the Kosovo Prosecutorial Council (KPC), the Law on the

State Prosecutor is applicable in addition to the Law on the KPC, and in the case of the Central

31 Law No. 03/L-209 on the Central Bank: http://bit.ly/1qYBSQu 32 Law No. 04/L-250 on the Air Navigation Services Agency: http://bit.ly/2dnGlHE

http://bit.ly/1qYBSQu

http://bit.ly/2dnGlHE

33

Election Commission (CEC), except for the Law on General Elections, which serves as the legal

basis for CEC members, this Law also provides the legal basis for the members of the Election

Complaints and Appeals Panel. Another example is where a law that was previously applicable

to establishing an employment relationship with an individual body, now includes additional

positions that previously were civil servant positions. For example, according to the previous

Law on the Auditor General, auditors were civil servants under the Civil Service Law, whereas

according to the current law, the Auditor, Deputy Auditor, Assistant Auditors and Auditors are

public servants and their employment relationship is established by the Law on the Auditor

General and the Labour Law. To make a clear distinction between agencies where, in addition to

the laws on their establishment, the Civil Service Law is applicable or not applicable, see table

below.

Table 6: Number of Assembly Agencies where the Law on Civil Service is applicable or not

applicable

Application of the Law on Civil Service Number of Agencies

Agencies where the Law on Civil Service is applicable 27

Agencies where the Law on Civil Service is not applicable 5

Agencies where status of employees is not clear 1

Employment Relationship in Kosovo Government Agencies

Government agencies do not have boards or collegial bodies whose members are appointed by

the Assembly and to whom the relevant law applies. Taking this into account, the Civil Service

Law is the primary law for the establishment of an employment relationship as Directors General

(or Chief Executive Officers) are civil servants of senior management level. In any agency that

employs support personnel, the Labour Law is also applicable. Nevertheless, it is peculiar where

in some cases any other law or a by-law issued by the Minister comes into play and serves as the

basis for the establishment of an employment relationship in an agency. The section below

analyses these cases.

The War Crimes Research Institute is a body with the Ministry of Justice and has eight

employees who are appointed by the Minister of Justice. The Institute was established by a

Government decision 33 and that decision does not note selection procedures and whether

employees are subject to the Civil Service Law. Since there is no prescribed procedure and they

are appointed by the Minister, then these eight people are not civil servants. The Kosovo

Correctional Service (KCS) is a central body of the Ministry of Justice where employment

relationships are established by the Civil Service Law in terms of civilian personnel and by the

Labour Law and the Law on Execution of Penal Sanctions regarding correctional officers.

Kosovo Customs is a central body within the Ministry of Finance, where the employment

relationship in this body is established by theLabour Law, The Civil Service Law in terms of

civilian personnel and by the Customs and Excise Code in terms of customs officers. Treasury,

another body within the Ministry of Finance, the Director of this body is appointed by the

Minister of Finance for a five-year term and this is not a civil servant status position. Another

case within the Ministry of Finance where the Civil Service Law is not applicable in the entire

central body is the Financial Intelligence Unit (FIU). The FIU is a central body with 18

employees of which 15 are professional staff and three are civil servants. In principle, the

33 Decision 10/19 dated 06/15/2011 on the establishment of the War Crimes Research Institute: http://bit.ly/2d45iKH

http://bit.ly/2d45iKH

34

professional staff are civil servants under the Civil Service Law but in the case of the FIU,

according to Article 4, paragraph 3 of the Law establishing the FIU, the professional staff are not

civil servants34.

Within the Ministry of Interior there are three central bodies which do not apply the Civil Service

Law to the entire institution. For example, in the Kosovo Police there is a distinction between

police officers and civilian personnel, where the former are not civil servants and the latter are

civil servants. The Kosovo Police Inspectorate is another central body within the framework of

Ministry of Internal Affairs (MIA) and the employment relationship of employees at the

Inspectorate is regulated by an Administrative Instruction, which is a legal derivative of the Law

on Police Inspectorate of Kosovo35. Further, the Director of the Inspectorate is selected, proposed

and appointed in a manner which is different to the civil service rules applicable for senior

management positions. Following an open application, the Director of the Inspectorate is

proposed by a commission established by the Minister and appointed by the Minister. The

Emergency Management Agency is another central body within the MIA that does not apply the

Civil Service Law to the whole institution. The agency’s director is selected, nominated and

appointed following the same procedure as for the Director of the Police Inspectorate, both to a

five-year term with the right for re-appointment every five-years. Besides the Director, the

Agency employs two categories of staff: operational and professional officers, and administrative

and support services staff36. Another case at the MIA is the Kosovo Forensic Agency which

employs three categories of staff: specialist scientific staff, support staff and executive

positions37. Within these categories of employees, certain categories are not subject to the Civil

Service Law. As with the above two cases at the MIA, the Director General of Kosovo Forensic

Agency is proposed by the Commission and appointed by the Minister to a five-year term.

Another case is the Kosovo Accreditation Agency under the Ministry of Education, Science and

Technology (MEST). Under Article 7, the Agency shall be governed by a Board consisting of

not less than five and not more than nine people appointed by the Ministry for a fixed term. The

Board consists is made up of those who are active in the academic field within and outside of

Kosovo, so that there are at least three persons on the Board who are “international experts”.

Such a Board is designated the National Quality Council and its members are ratified by the

Assembly of Kosovo38. For a clearer picture on which agencies apply only the Law on Civil

Service, and which apply additional laws or by-laws on the establishment of employment

relationships, see table below.

Table 7: Legal basis for the establishment of work relationships in Government Agencies

(central and independent bodies)

Legal Basis for Establishing Employment Relationships No. of Agencies

Agencies where only the Law on Civil Service is applicable 36

Agencies where laws other than the Law on Civil Service are applicable as

well 10

Number of Employees in Assembly Institutions/Agencies, Government Agencies and

Ministries (including the Office of the Prime Minister)

34 Law No. 05/L-096 on the Prevention of Money Laundering and Terrorist Financing: http://bit.ly/2d3EZDj 35 Administrative Instruction 15/2015 on the Employment Relationship Work in PIK: http://bit.ly/2dhXuBI 36 Law No. 04/L-230 on the Agency for Emergency Management: http://bit.ly/1Y1z6DU 37 Law No. 04/L-064 on Kosovo Forensic Agency: http://bit.ly/2ddsGUk 38 Law No. 04/L-037 on the Higher Education in Kosovo: http://bit.ly/2cHO02x

http://bit.ly/2d3EZDj

http://bit.ly/2dhXuBI

http://bit.ly/1Y1z6DU

http://bit.ly/2ddsGUk

http://bit.ly/2cHO02x

35

The number of employees in the Assembly institutions and agencies was taken from each

institution/agency’s current personnel rosters. The number of employees in these

institutions/agencies starts from 11 (lowest) in the Agency for the Management of Memorial

Complexes (AMMC) to 1,792 (highest) at the Kosovo Judicial Council. Total number of

employees in Assembly institutions and agencies is 4,634. A number of Assembly and

Government agencies are rather small, employing less than 50 staff.

The number of employees in Government agencies (as part of ministries and the Prime

Minister’s Office) is calculated separately from the number of employees in the Ministry. If in

the total number of employees in Government agencies we include the number of members of

the Kosovo Police as a body within the Ministry of Internal Affairs (MIA), it turns out that

agencies within the ministries have a larger number of employees than the ministries themselves,

with 15,123 employees in Government agencies and 11,937 at the Ministry. The following table

shows the number of Assembly and Government agencies with staff less than 10, 25 and 50

employees.

Table 8: Assembly and Government agencies with staff below 10, 25 and 50

Number of employees Assembly agencies Government agencies Total

Below 10 / 9 9

Below 25 10 22 32

Below 50 20 24 44

Charts below represent the number of employees in Assembly institutions and agencies and in

Government agencies not taking into account 8,951 Kosovo Police Members and the number of

employees in 19 ministries.

Chart 3: Number of employees in Assembly Institutions and Agencies

36

Chart 4: Number of employees in Government Agencies (excluding Kosovo Police)

11

15

16

17

17

19

19

22

23

24

25

26

28

29

29

33

34

37

37

40

51

70

74

83

90

152

214

215

249

442

701

1792

0 200 400 600 800 1000 1200 1400 1600 1800 2000

Agency for Management of Memorial Complexes

State Agency for Personal Data Protection

Kosovo Council for Cultural Heritage



Water Services Regulatory Authority

Elections Complaints and Appeals Panel

Agency for Free Legal Assistance


Kosovo Security Council

Kosovo Judicial Institute

Independent Oversight Board for Civil Service

Public Procurement Regulatory Commission


Independent Media Commission


Kosovo Pension Savings Trust

Regulatory Authority for Electronic and Postal…

Kosovo Science and Arts Academy

Anti-Corruption Agency

Ombudsperson

Constitutional Court

Independent Commission for Mines and Minerals

Central Election Commission

Kosovo Inteligence Agency

Office of Auditor General


Central Bank of Kosovo

Kosovo Privatization Agency

Kosovo Prosecutorial Council

Radio Television of Kosovo

Kosovo Judicial Council

37

Chart 5: Number of employees in Ministries including the Office of the Prime Minister

46677777810111215161718202122222424354752576363707579828399

149152160161171185213

288587608

7891613

0 200 400 600 800 1000 1200 1400 1600 1800 2000

Kosovo Agency for Energy EfficiencyKosovo Agency on Protection from Radiation and…

National Qualifications AuthorityWar Crimes Research Institute

Inspectorate of the Ministry of JusticeKosovo Standardization AgencyKosovo Accreditation Directory

Kosovo Accreditation AgencyAgency for Vocational Education and Training and…

Industrial Property AgencyState Advocacy Office

Health InspectorateCentral Procurement Agency

Kosovo Institute for Public AdministrationAgency on Gender Equality

Financial Intelligence UnitKosovo Metrology Agency

Kosovo Investment and Enterprise Support AgencyKosovo Business Registration Agency

Kosovo Geological ServiceAgency for Administration of Sequestrated or…

Health Financial AgencyAgency for Agricultural Development

Agency for Medical Products and EquipmentsKosovo Forensics AgencyKosovo Cadastral Agency

Agency for Information SocietyInstitute of Forensic Medicine

Labor InspectorateKosovo Police Inspectorate

TreasuryTrade Inspectorate

Kosovo Environmental Protection AgencyAgency of State Archives

Kosovo Agency of StatisticsKosovo Forestry Agency

Agency for Air Navigation ServicesAcademy for Public Safety

Food and Veterinary AgencyAgency for Emergency Management

Employment AgencyKosovo Probation Service

Kosovo CustomsCivil Registration Agency

Tax Administration of KosovoKosovo Correction Service

38

Chart 6: Employees in Assembly Agencies, Government Agencies and Ministries (including the

Office of the Prime Minister)

Chart 7: Number of employees in Assembly Agencies, Government Agencies and Ministries

237

62

66

86

114

136

147

151

167

191

195

275

314

332

567

674

1,022

1833

2,044

3,324

0 500 1000 1500 2000 2500 3000 3500

Office of the Prime Minister

Ministry of Trade and Industry

Ministry of Diaspora

Ministry of Europian Integration

Ministry of Community and Return

Ministry of Infrastructure

Ministry of Economic Development

Ministry of Local Government Administration

Ministry of Agriculture, Forestry, and Rural…

Ministry of Public Administration

Ministry of Environment and Spatial Planning

Ministry of Foreign Affairs

Ministry of Finance

Ministry of Internal Affairs

Ministry of Labor and Social Welfare

Ministry of Culture, Youth, and Sports

Ministry of Health

Ministry of Justice

Ministry of Education, Science, and Technology

Ministry of Kosovo Security Force

4,634

15,123

11,937

Employed staff (2016)

Assembly agencies

Government agencies

Ministries

39

Civil Service Job Catalogue Implementation

In order to unify the application of title and rank to positions throughout the civil service, the

Government of Kosovo adopted a Civil Service Job Catalogue in February 201539. The catalog

serves for the unification of positions according to job title, grade, job description and

professional qualifications and work experience required from a candidate to achieve catalog

designated position and rank. Considering the role of the Ministry of Public Administration

(MPA) in public administration, the Ministry is responsible for granting its consent for each

Government institution, if the Regulation on the Internal Organisation and Systematisation of

Jobs is in compliance with the Job Catalogue. Another positive aspect to the Catalogue is the

opening provided for a certain number of positions to become part of the Catalogue, positions

that may not have been foreseen in the Catalogue and that are included in the 2016 Catalogue

Update.

As part of the Strategy on the Modernisation of Public Administration in Kosovo, the MPA has

set an objective for the implementation of the catalogue to as many institutions of public

administration in Kosovo. Logically, institutions that implement the Civil Service Law should

apply the job catalogue to provide for a uniformity of positions and job titles in the public

administration. However, the application of the catalogue to independent institutions and

agencies within the Assembly is only at half way point, because only a small number of them

have applied it. The chart below shows the percentage breakdown of 32 institutions and agencies

within the Assembly that apply, do not apply, or mainly or partially apply the Civil Service Job

Catalogue.

Chart 8: Civil Service Job Catalogue Application in Assembly Agencies

39 Decision No. 05/2015 dated February 5, 2015: http://bit.ly/1c0n5fU

11,937

19,757

0

5,000

10,000

15,000

20,000

25,000

Ministries Agencies

http://bit.ly/1c0n5fU

40

At the level of the Kosovo Government, including agencies as central and independent bodies

within the Government, there is no objection regarding the application of this catalogue.

Opposition remains at the level of independent institutions and agencies, particularly those

deriving from Chapter XII of the Constitution. The application of the Job Catalogue by several

independent institutions under Chapter XII of the Constitution was perceived as a violation of the

constitutional independence of these institutions. From this point of departure, the Institution of

Ombudsperson submitted a request to the Constitutional Court in April 2016 to review the

constitutionality of actions/requirements of the administrative act: Administrative Circular No.

01/2016 dated January 21, 2016 of the Government of Kosovo for the implementation of

Regulation 05/2012 on Classification of Jobs in the Civil Service and the Civil Service Job

Catalogue.

According to the Law on Ombudsperson, Article 3, paragraph 3:

“The institution of the Ombudsperson enjoys organizational, administrative and financial

independence in the implementation of tasks set forth by the Constitution of the Republic

of Kosovo and the Law”.

Further, under Article 32 of the same Law:

.....“provisions of the Law on Civil Service shall apply to the employees of the

Ombudsperson Institution, to the extent that there is no infringement of constitutional

independence of the Institution”.40

Based on this institution’s claim that by introducing the requirement for the implementation of

the Regulation in question and the Catalogue, the Government, respectively MPA, is

undermining the constitutional independence of the Institution of Ombudsperson, the latter

submitted a request for the interpretation of this matter to the Constitutional Court.

Recruitment

Recruitment in agencies within the framework of the Government of Kosovo and Assembly is

conducted contingent on the application of the Civil Service Law or any other law. For example,

40 Law No. 05/L-019 on Ombudsperson: http://bit.ly/2eeK1KV

3

14

15

0 2 4 6 8 10 12 14 16

Applied

Not applied

Applied partly

http://bit.ly/2eeK1KV

41

in an agency that applies the Civil Service Law to civilian personnel, recruitment is conducted

pursuant to the rules and procedures established by this Law. Further, in reference to a category

of personnel eligible for civil servant status, recruitment rules and procedures are defined by

theLabour Law. When recruiting for members of collegial bodies of Assembly agencies, then

these procedures are set out in the law that establishes the relevant agency. For example, if the

recruitment in question is for Board members at the Privatisation Agency of Kosovo, the

recruitment, application conditions and other procedures are defined by the Law on the

Privatisation Agency of Kosovo. There are cases where an agency applies the Civil Service Law,

whereas recruitment of staff/personnel is governed by rules other than the rules of the Civil

Service Law.

Human Resources, Disciplinary Commissions and Grievance and Dispute Resolution

Commissions

Assembly agencies individually manage human resources and have established units on

personnel management in the administration. With respect to Government Agencies, there is

confusion regarding the issue of who should have the personnel units that deal with human

resource management. According to the Civil Service Law:

“any institution that employs Civil Servants has units for management and development

of personnel and human resources”41.

The concept of institution is not clear in practice among agencies in terms of what represents an

institution, is it the central body or just the Ministry which establishes such units for the

management and development of personnel and human resources. In this sense, some central

bodies have established personnel units separately from the line ministry under which the central

body operates.

Additionally, the issue of the establishment of disciplinary commissions and civil service

grievance and dispute resolution commissions can be analysed in this context. According to the

Law on the Civil Service:

“every institution of the public administration that employs Civil Servants shall establish

a disciplinary commission in order to undertake disciplinary action in case of serious

violations of this law and related sub-legal acts”42.

The designation institution causes confusion in this case as well, as it pertains to Government

agencies as central bodies as part of certain line ministries. In practice, in these agencies it is not

clear who should have such a commission, only the Ministry or the central body too? According

to the Civil Service Law, the chair of the Commission and its members are appointed by the

Secretary General of the Ministry. This is another point that has led some central bodies to have

separate disciplinary commissions from those of the Ministry, because the Director General of

the central body is at the same level with the Secretary General. In the case of independent

institutions and agencies of the Assembly of Kosovo this matter is clearer. Agencies that apply

the Law on the Civil Service, have established such commissions as required by the Civil Service

Law and procedures set forth in the by-laws, whereas those who do not have civil servants,

address the issue of disciplinary procedure separately and within the scope of the Labour Law or

the law establishing the agency.

41 Law No. 03/L-149 on the Civil Service, Article 7: http://bit.ly/1D2CvaË 42 Law No. 03/L-149 on the Civil Service, Article 70

http://bit.ly/1D2CvaW

42

3.3. Salaries and Allowances

Assembly and Government institutions and agencies do not have a uniform legal basis for

determining the salaries of board members and other staff, whether civil or public servants. Apart

from agencies, at a national level, there is no single law or laws on the salaries of any category of

employees implemented in Kosovo. There is a Law on the Salaries of Civil Servants43 adopted in

2010 but not being implemented, then in 2012 there was a Draft Law on Salaries of High Public

Officials44 however not approved by the Assembly. In the 2016 Legislative Programme, the

Government of Kosovo, namely the Ministry of Public Administration planned to issue a Law on

Salaries of High Public Officials, Law on Salaries of Public Servants and amendments and

supplements to the Law on Salaries of Civil Servants. This initiative was amended by the

Government fusing three bills into one Draft Law on Salaries that are paid out from the budget45.


Currently, there are many ways that are in practice by agencies for the payment of board

members, both civil and public servants. Because of independence in the management and

expenditure of the budget and independent budget line, independent institutions and agencies

within the Assembly in some cases have themselves set salaries for the entire agency, in some

cases salaries of board members are set by the law establishing the agency, in some cases by the

Assembly decision for board members and in some cases, it is a mixed form and different from

the former three. According to this flexibility in determining salaries, in addition to board

member salaries, even civil or public servants have higher salaries than civil servants in the

ministry. For example: an officer with the same job title at the ministry is paid less than the

agency counterpart while the job is the same. Therefore, there is no equal pay for equal work.

Even worse, there are cases where the workload in the ministry is greater than that in the agency,

however quite the contrary the salary is smaller in the ministry than at the agency. For example:

a procurement or certification officer in a ministry that manages a larger budget and certifies

more subjects in the ministry, has a lower salary than someone in the same position in a certain

agency, which has a smaller budget and consequently less work. The salary of civil servants in

all institutions is primarily measured with coefficients ranging from 6 to 10 and coefficient value

of 58.20. The exception to this is the position of Secretary General, which has a coefficient of 20,

not accounting for the allowance of EUR 30 for the entire civil service. To calculate the basic

salary, the corresponding coefficient is multiplied by the value resulting in the basic salary

amount. For example, a Director where the Ministry holds coefficient of 10 multiplied by 58.20

results in EUR 580 basic salary, not accounting for the allowance of EUR 30. This should

normally be applied to independent Assembly agencies too. However given the independence in

budget management and spending, decision-making boards for these agencies have assigned

higher coefficients and consequently higher salaries. For example, in many agencies there are

coefficients that are very rare in ministries, such as 12, 13, 16, 18, 18.3 and other varying

coefficients. In addition, there are also certain allowances on salary thereby marking a

significantly higher salary of employees in agencies compared to those in ministries. The table

below provides two examples of differences in salaries between the three institutions, Ministry,

Institution and Independent Agency.

Table 9: Salary for the same position at the Ministry, Independent Institution and Agency

43 Law No. 03/L-137 on Salaries of Civil Servants: http://bit.ly/1D2Cëf3 44 Draft Law on Salaries of High Public Officials: http://bit.ly/2ealj33 45 Legislative Program 2016: http://bit.ly/2ekVavh

http://bit.ly/1D2Cwf3

http://bit.ly/2ealj33

http://bit.ly/2ekVavh

43

Basic Salary (Gross)46

Ministry of Public

Administration

Ombudsperson

Institution in

Kosovo and

Constitutional

Court of Kosovo

Privatization

Agency of

Kosovo

Senior Legal Officer 464.75 863.36 1,046.25

Senior Procurement Officer 464.75 756 1,157

Regarding the board salaries, the prevalent method for salary-setting is by decision of the

Assembly of Kosovo as proposed by the Budget and Finance Committee of the Assembly of

Kosovo. This method is present in 16 different institutions and agencies within the Assembly.

For example: salaries of members of the Council (Board) of the National Agency for Personal

Data Protection are set by the Assembly. The law establishing the agency does not define the

salary issue for Council members or staff. Additionally, in some agency specific laws, it is noted

that the salary of board members is determined by the Law on Salaries of High Public Officials

(the case of the Agency for the Management of Memorial Complexes) or by the Law on Salaries

(the case with the Ombudsperson) however in the absence of a special law, the salary is set by

Assembly decision.

Some institutions and agencies have another way of salary-setting that leaves little opportunity

for interference from the Budget and Finance Committee of the Assembly. For example,

according to the Law on the Anti-Corruption Agency, the salary of the agency’s Director is equal

to the salary of the Chair of an Assembly Committee. The salary of the agency Director in

question was set based on this. Salaries of civil servants in this agency are not defined by this

Law, but rather by the Regulation on Internal Organisation and Systematisation of Jobs

determining the coefficients applicable to 10 different positions. Furthermore, the Board of the

Privatisation Agency of Kosovo has issued secondary legislation (regulation) for determining

salaries in this agency (entire agency) and is not subject to any other ministry practice and

therefore has a unique salary scheme. Central Bank of Kosovo (CBK) has set salaries mainly by

Compensation Policy, Radio Television of Kosovo (RTK) based on the Methodology for

Determining Job Complexity and Kosovo Intelligence Agency with a separate Regulation on

Salaries. This only refers to basic salary excluding allowances.

Several other institutions and agencies within the Assembly have another way of determining

salaries. Salaries of Board Members and the Director General of the Civil Aviation Authority

(CAA) are set by the Government, and subsequently the Director General establishes a salary

scheme for the CAA staff. The same situation stands with the Air Navigation Services Agency

where the Minister of Infrastructure proposes the form of compensation and the Government sets

such compensation through bylaw. Some other examples include the Election Complaints and

Appeals Panel (ECAP), the Kosovo Prosecutorial Council (KPC) and Central Election

Commission (CEC). At ECAP, panel members have a secondary salary set by Government

decision, whereas the primary salary is set by the courts that have delegated them to the panel.

The KPC has set compensations on basic salary amounting to 25% and this was determined by

the Council itself making the salary of the Chair of KJC equal that of the Prime Minister.

Further, the Chair of the CEC has the same salary as the Ombudsperson and Members of the

CEC have salaries equal to those of the Deputy Ombudspersons. Logically, based on this

methodological variety on salary-setting, logically there is also a difference in the salaries of 46 Salary calculations do not account for an allowance in the amount of EUR 30 for any civil servant in any institution.

44

members from one board to another, and also within the very independent institutions from

Chapter XII of the Constitution there are differences in salaries and in either financial or

organisational independence.


Government agencies do not have an independent budget line and their budget is included in the

budget of ministries where such agencies are placed. Consequently, the situation is a little more

problematic in terms of salaries and allowances for central agencies and bodies within the

Government compared to independent institutions and agencies within the Assembly.

Nevertheless, considering that there is no general law on salaries or laws on employee categories,

there are differences in the regulation of salaries with Government agencies as well. Differences

exist especially at the War Crimes Research Institute, Kosovo Correctional Service (KCS) and

Kosovo Probation Service (KPS), the Tax Administration of Kosovo (TAK), Customs, Police,

the Police Inspectorate, the Academy for Public Safety and Agency for Vocational Education

and Training.

The War Crimes Research Institute is a body with the Ministry of Justice, established by

Government decision and its employees are not civil servants. Their salary is determined by a

Minister or Government decision. Additionally, the Correctional Service and the Probation

Service employ public servants and because of hazardous and special work conditions, the

Minister of Justice categorises these employees and determines their benefits through a by-law.

TAK as a central body of the Ministry of Finance, though its employees are civil servants, issued

an Administrative Instruction for setting the salary system for TAK personnel. The same applies

to the Police Inspectorate of Kosovo, which has also issued an Administrative Instruction on

salaries, allowances and other benefits for employees of the inspectorate. Further, at the Agency

for Vocational Education and Training staff salaries are regulated by Administrative Instruction

and a decision by the Minister.

At Government agencies (central and independent bodies), special note should be made of

General Directors or CEOs who are at the same coefficient level and salary with the Secretary

General of the Ministry. For example, the Chief Executive Officer of the Labour Inspectorate

under the Ministry of Labour and Social Welfare has a coefficient and salary equal to the

Secretary General of the Ministry, or the Director General of the Agency of Information Society

has the same coefficient and salary as the Secretary General of the Ministry. One of the reasons

why a significant number of departments at ministries have become agencies is the position of

Director General, independence in budget spending because expenditure does not go through the

Secretary General, and the opportunity for employment of staff upon converting the department

into an agency.

Allowances

The following section addresses the issue of allowances in both groups of agencies, Assembly

and Government. As in case of the absence of a single legal framework for salaries, the issue of

the allowances is based on individual decisions at various institutions. In September 2015, the

Government of Kosovo issued a decision47 to review the allocation of allowances provided by

the Kosovo budget, by giving a one month deadline for reviewing the allocation of allowances.

According to this decision, executive institutions should file a request to amend, supplement and

47 Decision No. 08/48 dated September 09, 2015 on the Review of the Allocation of Allowances Provided from the Budget of Kosovo: http://bit.ly/1SNR88X

http://bit.ly/1SNR88X

45

extend allowances, while other institutions should submit a request to MPA who will in turn

assess the requests and propose to the Government approval of allowances on top of the basic

salary. This decision prohibits any other type of salary top-ups except for 13 types of allowances

which shall not be subject to review as foreseen in the decision.

However, while there is no comprehensive law on salaries provided from the budget of Kosovo

and a by-law which sets out the number of allowances based on objective criteria on the labour

market and special conditions of work, the large number of allowances shall persist in both

independent institutions and agencies, as well as Government agencies. The Ministry of Public

Administration has registered many allowances cashed in by various institutions and, in this

context, agencies as well. For example, several institutions and agencies within the Assembly,

for certain categories of workers, claim the allowance of danger pay: the Kosovo Competition

Authority cashes in on danger pay allowance for the Director and five Inspectors in the

Department of Market Supervision, the Anti-Corruption Agency cashes in on danger pay for the

entire Agency staff, two Transportation Officers at the Institution of Ombudsperson also claim

danger pay allowance. Additionally, danger pay allowances are claimed by the Independent

Commission for Mines and Minerals and the Office of the Auditor General.

The Railway Regulatory Authority has four Board members and their salaries are determined by

the Assembly. However, the Chair and Deputy Chair have an additional salary top-up and the

Director General who serves as the fifth member of the Board claims an additional 50% of the

amount of the board member salary on top of the basic salary. The Central Bank of Kosovo

(CBK), Office of the Auditor General (OAG) and Radio Television of Kosovo (RTK) have many

allowances. CBK grants anniversary allowances, special work contribution allowances, annual

bonus allowances and retirement allowances. In addition to the danger pay allowance, the OAG

has a number of allowances: auditor allowance, quality audit personnel allowance, audit team

leader allowance, specific job allowance for support staff and allowance for IT staff. The RTK

pays compensation in salary for overtime work, night shift, meals and implements the collective

agreement. Few institutions in Kosovo pay for night shift duty (except in the health sector),

meals or the collective agreement. Other allowances applicable in institutions, but also in

agencies, are: IT allowance, work experience allowance, civil service allowance, allowance of

25% of their basic salary and allowances from 5-40% of basic salary.

3.4. Accountability – financial and non-financial reporting and transparency

Accountability of agencies within the Assembly and the Government is analysed in terms of their

reporting to the Assembly and Government of Kosovo. Accountability is a key aspect for the

smooth functioning of institutions and public administration and has been developed as one of

the six principles of public administration. According to this Principle:

“the key requirement is to have proper mechanisms in place to ensure accountability of

state administration bodies and institutions including liability and transparency”48.

There is a very different situation in terms of reporting and accountability of agencies in the

Assembly of Kosovo and those in the Government of Kosovo.


48 SIGMA, The Principles of Public Administration, Chapter 4 – Accountability, p. 65: http://bit.ly/2dYqZMl

http://bit.ly/2dYqZMl

46

Regarding the reporting of institutions and agencies to the Assembly of Kosovo, they can be

divided into four groups: 1) institutions/agencies that do not have a defined reporting

requirement by law however do report to the Assembly, 2) institutions/agencies that neither have

a defined requirement nor do they report to the Assembly, 3) institutions/agencies that submit a

report for information only, and 4) institutions/agencies that have a defined reporting

requirement by law but do not report to the Assembly.

Chart 9: Definition and Reporting of Assembly Institutions/Agencies

Regarding the first group, the Property Agency of Kosovo and the Kosovo Council for Cultural

Heritage do not have defined reporting requirements, but both report to the Assembly through

the two relevant functional committees. Regarding the second group, Election Complaints and

Appeals Panel and Academy of Arts and Sciences of Kosovo do not have a defined reporting

requirement and do not report to the Assembly of Kosovo. The third group includes the

Constitutional Court, which sends a report to the Assembly of Kosovo, but only for information

purposes and this is not perceived as reporting. With respect to the fourth group, the Kosovo

Security Council, chaired by the Prime Minister is subject to a legally defined reporting

requirement to the Assembly through the Security Committee, however it does not report.

The issue of the functional committee such agencies and institutions use to report to the

Assembly (which agency to what committee) is an established practice in the Assembly,

however there is no written document that indicates which agency or institution reports to what

committee. Institutions and agencies send their reports to the Cabinet of the President and the

Cabinet forwards such reports to the Coordinator of the Assembly. The latter distributes the

reports to functional committees overseeing the relevant agencies. The report is narrative and

financial and mostly follows a format predetermined by the Assembly. The narrative part of the

report is sent to the relevant functional committee, while the financial report is submitted to the

Budget and Finance Committee. For report review purposes, committees invite the relevant

board to present the report to the committee and upon presentation, the report is put to a

committee vote and a recommendation is drafted (from the two committees separately) for the

Assembly session where the report will be presented.

6

2

1

1

0 1 2 3 4 5 6 7

Reporting is not defined but happens inpractice

Reporting neither defined nor it happens inpractice

Report sent as a notification

Reporting is defined and it does nothappen

47

Regarding the approval or not of reports of reporting institutions and agencies, agencies are

divided into three groups:

1) Agencies whose reports are approved by the committee, but not adopted in plenary

session. For example, the 2015 Annual Reports of the Energy Regulatory Office, the

Water Services Regulatory Authority and RTK were approved by the committee but were

not adopted in plenary session;

2) Agencies whose reports were not approved by the committee but were adopted in plenary

session, for example, the 2013 Annual Report of the Agency for the Management of

Memorial Complexes was not approved by the functional committee, and despite the

recommendation of the Committee, the report was adopted at the Assembly;

3) Agencies whose reports are approved neither by the committee nor in plenary session, for

example, the 2015 Annual Report of the Privatisation Agency of Kosovo was approved

neither by the committee nor in plenary.

Chart 10: Approval of Reports of Institutions/Agencies in Committees and Plenary

6

2

1

0 1 2 3 4 5 6 7

Annual report is approved in theCommittee but not in the session

Annual report is not approved in theCommittee but approved in the session

Annual report not approved either inCommittee or Assembly session

48

In terms of the approval or rejection of the report in plenary session, it is worth noting that there

is no rule whether the board, whose report is not approved, should continue or end its term. For

example, RTK, Privatisation Agency of Kosovo, Energy Regulatory Office have had Annual

Reports fail to pass at the Assembly, yet the same boards continue to operate. Moreover,

although the report of the Water Services Regulatory Authority was not approved in 2016, the

Director of this authority was extended for a subsequent term as determined by law. Further,

where an agency failed to elect a new board upon expiration of term of the current board, the

report is submitted to the Assembly by the agency administration. However in the absence of a

board, such a report is not examined either in committee or in session. Such reports remain

unexamined in committee and plenary even upon the introduction of a new board, because this

board does not assume any responsibility to present reports drafted during the period where there

was no board in place. There is another issue worthy of note regarding the election of board

members. Regardless of whether one member or the entire board does not pass the vote in the

Assembly session, the same members continue to be put forward until they get the vote/consent

of the Assembly. It is not established that if the board cannot make the required majority to be

elected in the first go, the procedure should start from scratch and other names be proposed for

the board.

The Auditor General audits all independent institutions and agencies, including the Assembly

itself, except for the Central Bank of Kosovo. Foreign companies are contracted to audit the

CBK and Office of the Auditor General itself. Although the fact of their audit by the Auditor

General is positive, the report of the Auditor General reflecting audit findings relevant to all

agencies is sent to the Assembly around the month of August. Subsequently, the Auditor General

is invited to present the findings of the report to the Public Finance Oversight Committee

sometime around the months of September and October. This time is assessed to be late, as the

Assembly and Committees examine the annual agency reports in the spring, whereas the Auditor

submits the report with the findings from these agencies in the fall. The following table presents

the breakdown of reporting by institutions and agencies to specific committees in the Assembly.

Table 10: Breakdown of Reporting by Independent Institutions and Agencies to the Assembly

Committees

No. Institution/Agency Respective Assembly committee

1.

2.

3.

4.

5.

6.


Anti-Corruption Agency

Agency for Free Legal Aid

Kosovo Judicial Institute

Kosovo Judicial Council

Central Election Commission

Legislation, Mandates, Immunities, Rules of

Procedure of the Assembly and Oversight

of Anti-Corruption Agency Committee

7.

8.

9.

10.

11.

12.

13.

14.

Property Agency of Kosovo


Regulatory Authority of Electronic and

Postal Communications



Independent Commission of Mines and

Minerals


Economic Development, Infrastructure,

Trade and Industry Committee

15. Central Bank of Kosovo Budget and Finance Committee

49

16.

17.

18.


Kosovo Pensions Savings Trust

Public Procurement Regulatory

Commission

19.

20.

21.

Radio Television of Kosova

Independent Oversight Board for the Civil

Service of Kosovo

Independent Media Commission

Public Administration, Local Government

and Media Committee

22.

23.

Agency for the Management of Memorial

Complexes of Kosovo

Water Services Regulatory Authority

Agriculture, Forestry, Environment and

Spatial Planning Committee

24. National Agency for Personal Data

Protection

Internal Affairs, Security and Supervision

of the Kosovo Security Force Committee

25. Kosovo Intelligence Agency Kosovo Intelligence Agency Oversight

Committee

26. Ombudsperson Human Rights, Gender Equality, Missing

Persons and Petitions Committee

27. Kosovo Council for Cultural Heritage Education, Science, Technology, Sports and

Culture Committee

28. Office of the Auditor General. Public Finance Oversight Committee


The situation with the reporting of Government agencies is poorer compared to the Assembly

agencies. Several Government agencies have no defined reporting and it is not known whether

they report or not in practice, several others report only the Minister and it is not known if the

report goes for reporting to the Government, some report directly to the Prime Minister, some to

the Minister and the Government and a few others to the Assembly as well. For example, from

47 agencies within the Government, 13 of them do not have defined reporting requirement for

the Minister or the Government, such as Agency of State Archives of Kosovo, Agency of

Information Society, Central Procurement Agency, etc. Some agencies have a defined reporting

requirement only to the Minister, such as State Advocacy Office in the Ministry of Justice, Civil

Registration Agency at MIA, etc. The Kosovo Agency of Statistics and Food and Veterinary

Agency report directly to the Prime Minister. The only Government agency that reports to the

Assembly through the Government is Kosovo Agency for Radiation Protection and Nuclear

Safety.

Examples of good agency reporting are: the Kosovo Tax Administration sends periodic reports

to the Minister and the annual report to the Government, the Treasury sends quarterly reports to

the Minister and the Annual Report to the Government, municipalities and the Assembly, the

Agency for the Development of Agriculture sends the report to the Minister and then Minister

uses it to report to the Government on the state of play in agricultural development in Kosovo.

Public Transparency

Regarding Assembly institutions and agencies, except for the Kosovo Security Council and

Kosovo Intelligence Agency, all Assembly institutions and agencies have an official website

where an annual report can be published. These three institutions do not have an official website

and obviously, their annual reports are not public. However, even among the institutions and

agencies that do have official websites, the frequency of annual report publication varies. For

50

example, the only report published by the Agency for the Management of Memorial Complexes

(AMMC) was for 2014, and the Kosovo Competition Authority has only published reports for

2008 and 2009 but these are not accessible. The Kosovo Privatisation Agency does not have

accessible reports for the years 2014 and 2015.

Regarding the 47 Government agencies, save for 13 agencies that are not subject to defined

reporting by law, 16 of them do not have an official website, whereas 26 do not publish an

annual report. The Chart below shows a breakdown of Government agencies in terms of lack of

legal requirement for reporting, agencies that do not have an official website and agencies that do

not publish an annual report. Agencies that do publish an annual report, provide a very

generalised financial section showing spending in only four economic categories and there is no

detailed data on budget spending. This example is also followed by agencies that report to the

Assembly of Kosovo. In addition to official websites of the individual agencies, annual reports

could also be published on an official website of a central government authority responsible for

the management of a central register of different institutions and agencies (see the following part

of the report on conclusions and recommendations).

Chart 11: Government agencies that do not have defined reporting requirements, do not have an

official website and agencies that do not publish annual reports

13

16

26

0 5 10 15 20 25 30

Reporting is not defined by law

Lack of official website

Report is not publicly available

51

4. CONCLUSIONS AND RECOMMENDATIONS

This section summarises the key findings of the review of individual institutions and agencies

and the comparative section. First, each headline conclusion is presented. These are then linked

to recommendations, priority actions and responsibilities in the table below.

Conclusions:

1. Absence of a functioning regulatory framework: in the absence of laws and

regulations establishing clear rules for establishment, governance, oversight and

termination of agencies, the establishment and management of semi-autonomous

institutions and agencies has taken place on a case-by-case basis. The rapid proliferation

of agencies has resulted in a fragmented organisation of central government, loss of

accountability and reduced effectiveness in executing public policy. In 2016, more than

70 agencies existed with no clear typologies or organising principles (there are currently

more than 20 different agency concepts used in Kosovo).

2. Lack of co-ordination and control of the establishment, management and

termination of agencies: ministerial and parliamentary co-ordination and control of the

establishment and operation of semi-autonomous institutions and agencies in Kosovo has

been lacking, contributing to the proliferation of these bodies and inconsistencies in their

governance arrangements.

3. Unusual degree of authority and managerial responsibility without capacity

bestowed to the Assembly: extensive authority of the Assembly of Kosovo to establish

semi-autonomous institutions and agencies under Article 142 of the Constitution, which

led to the creation of some regulatory agencies and executive agencies reporting to the

Assembly (not in line with EU/OECD practices). This undermines the separation of

powers between the legislative and executive branches of power in Kosovo and does not

ensure an adequate control of the performance of these bodies.

4. Lack of ministerial steering and policy execution capability, and parliamentary

oversight: strategic aims and objectives of the Government of Kosovo are not adequately

cascaded to the agency level; the contribution of different institutions and agencies to the

achievement of strategic aims and objectives of the Government of Kosovo is limited.

52

5. Inconsistent and weak governance of agencies’ leadership arrangements: the choice

between using Boards and (Executive) Directors of agencies seem random in Kosovo.

Clear criteria should be established for the choice of top management structures (Boards

are normally used mainly for regulatory agencies and Directors in executive agencies).

Lack of consistency in the institutional arrangements governing the appointment and

dismissal of Board members and Directors; weak capacity of the Boards to supervise the

management of these bodies.

6. Lack of regulation on, and wide variety in, human resource management practices

and salary levels between agencies: the scope of the current Civil Service Law is not

clear and semi-autonomous institutions and agencies bypass the HRM provisions. The

inconsistent application of HRM provisions has resulted in a widely unregulated system

of recruitment and termination of agency staff and substantial differences in salary levels,

generally favouring agencies to ministries (not in line with EU/OECD practices).

7. Lack of adequate performance management of agencies: programming, monitoring

and reporting requirements are not defined in the legislation; the autonomy of institutions

and agencies is not properly balanced with their control; strategic aims and objectives of

the Government of Kosovo are not adequately cascaded to the level of agencies; there is a

lack of (key) performance indicators for agencies and their Directors. Even when

performance reports are produced, they are not scrutinised in relation to financial or non-

financial performance results. Instruments of accountability to the general public and

stakeholders are underdeveloped (e.g. websites are not functional and reports are not

available).

54

Recommendations, responsible institution and the timeframe:

No. Key findings Recommendation Responsible

institution

Deadlines

1. Absence of functioning

regulatory framework:

In the absence of laws and

regulations establishing clear

rules for establishment,

governance, oversight and

termination of agencies, the

establishment and management

of semi-independent institutions

and agencies has occurred on a

case-by-case basis. The rapid

proliferation of agencies has

resulted in a fragmented

organisation of central

government, loss of

accountability and reduced

effectiveness in executing

public policy. In 2016, more

than 70 agencies existed with

no clear typologies or

organising principles (there is

currently more than 20 different

agency concepts used in

Kosovo)

In order to develop a clear legal and policy

framework governing the establishment, operation

and abolishment of semi-independent agencies, the

Government should:

Short term:

Finalise the draft Law on Organisation of Public

Administration and other legislation (the Civil

Service Law and the Law on Salaries);

Limit organisational variety and the number of

agency types (oversight bodies, regulatory

agencies, executive agencies, service providers,

etc.) in legislation to a level that is manageable

and transparent to politicians and society, while

leaving sufficient room for making well thought-

out decisions for the specific design of individual

bodies;

Consider introducing sunset clauses and possible

performance contracts for some types of agencies

(especially executive agencies) in legislation

Medium term:

Develop a set of guidelines (secondary

legislation) further detailing the establishment,

management and termination of semi-

independent institutions and agencies (including

specific requirements and templates for different

aspects of the governance of semi-independent

institutions and agencies);

In these guidelines develop clear criteria and

checklists for decision-making on the

establishment, management and termination of

these institutions and agencies drawing on the

good-practice examples of selected OECD or

Intergovernmental

working group

chaired by

Ministry of Public

Administration

Law on Organisation of

Public Administration:

Concept document

completed: Q1, 2017

Draft law submitted to

Assembly: Q3, 2017

Adoption by the

Assembly: 2018

Secondary legislation and

guidelines:

First draft: Q4, 2017

Final version: 2018

55

European countries. This framework should

indicate that these bodies are established based

on objective ex ante assessments of all possible

options (with a possible sunset clause if deemed

necessary), while their performance is subject to

targeted reviews of individual agencies and their

groups (following a government-wide approach)

undertaken within a newly established structure.

These provisions should be integrated into the

RIA framework as one of important modalities of

this assessment.

2. Lack of co-ordination and

control of the establishment,

management and termination

of agencies:

Ministerial and parliamentary

co-ordination and control of the

establishment and operation of

(semi-) independent institutions

and agencies in Kosovo has

been lacking, contributing to

the proliferation of these bodies

and inconsistencies in their

governance arrangements.

In order to ensure that the establishment, oversight

and termination of agencies is performed, and that the

current stock of agencies is rationalised (increased

accountability, efficiency and effectiveness), the

Government should:

Short term:

Bestow an intergovernmental Council chaired by

the Prime Minister with a mandate to rationalise

the organisation of central government and

agencies. The existing PAR Council could be

used or a new Council established;

Assign a capable co-ordination body (secretariat)

to support the Council, responsible for making

policy proposals and monitoring their

implementation (MPA). Invest in developing

analytical skills of the staff in change of these

functions in this body;

Establish a central register of all semi-

independent institutions and agencies in Kosovo,

maintain essential documentation and data on

their performance, consider producing short

annual reports on the state of the agency

landscape to the Government of Kosovo and the

Assembly of Kosovo.

Medium to long term:

Intergovernmental

Council (Office of

Prime Minister,

the Ministry of

Public

Administration)

Intergovernmental

Council:

Mandate to rationalise

agencies established:

Q1, 2017

Period of targeted

reviews: Q3, 2017 –

2019

Decisions taken to

terminate, merge, or

change status or

governance

arrangements of

agencies (after

adoption of LOPA in

Assembly): 2018-

2019

Secretariat:

Established Q1-

Q2, 2017

56

Launch targeted reviews of individual agencies or

sets of similar agencies (especially regulatory

agencies and executive agencies) in order to

develop sound proposals on a case-by-case basis

as to how the operation of these agencies should

be aligned to the criteria established by the new

regulatory framework for state organisation, and

how their operation should be reformed in order

to achieve the objectives of institutional and

agency reform (better policy delivery, efficiency

gains and accountability to society). Drawing on

the good-practice examples of selected OECD or

European countries in developing the framework

of targeted reviews and their methodology;

For each agency or group of agencies, the

Council should identify all possible options of

reform (in terms of transfer of some regulatory

and executive agencies from the legislature to the

executive, mergers and terminations, sharing of

common services by some agencies, creation of

agency networks and collaboration frameworks,

etc.). Discuss these proposals in the

intergovernmental Council and draft decisions for

the Government of Kosovo and the Assembly of

Kosovo for the adoption of reform decisions.

3. Unusual degree of authority

and managerial responsibility

without capacity bestowed to

the Assembly:

Extensive authority of the

Assembly of Kosovo to

establish semi-independent

institutions and agencies under

Art 142 of the Constitution,

which led to the creation of

some regulatory agencies and

To rationalise the legislative powers and oversight

functions of the Assembly, the Government should

propose to:

Short term:

Develop and prepare for signing a Memorandum

of Understanding between the Assembly of

Kosovo and the Government of Kosovo

concerning the application of Art 142 in relation

to regulatory agencies and executive agencies.

This document should include the following

provisions:

Assembly of

Kosovo, Office of

Prime Minister,

Ministry of Public

Administration

Memorandum of

Understanding regarding

Art 142:

Signed by Assembly

and Government Q1,

2017

Joint meetings of the

Intergovernmental

Council:

Q1, 2017 - 2019

57

executive agencies reporting to

the parliament (not in line with

EU/OECD practices). This

undermines the separation of

powers between the legislative

and executive branches of

power in Kosovo and does not

ensure an adequate control of

the performance of these

bodies.

- (i) criteria for the establishment of different

semi-independent institutions and agencies,

e.g. whereby the Government of Kosovo will

take primary responsibility for the

establishment of regulatory agencies and

executive agencies, while the Assembly of

Kosovo will not initiate the establishment of

such agencies (except independent oversight

institutions);

- (ii) co-operation modalities between the

Assembly of Kosovo and the Government of

Kosovo concerning the establishment of

different types of semi-independent

institutions and agencies.

Organise joint meetings of the intergovernmental

Council (operating under the Government of

Kosovo) and the Public Administration, Local

Government and Media Committee of the

Assembly of Kosovo in order to jointly discuss

PAR issues related to agency management and to

formulate common positions.

4. Lack of ministerial steering

and policy execution

capability, and Parliamentary

oversight

Strategic aims and objectives of

the Government of Kosovo are

not adequately cascaded to the

agency level; the contribution

of different institutions and

agencies to the achievement of

strategic aims and objectives of

the Government of Kosovo is

limited

To improve the capability of ministries to ensure that

government policy is executed efficiently and

effectively, the following should be done:

Short term:

In the MoU between the Government and

Assembly (see above) consider the transfer of

some semi-independent institutions and agencies,

which fulfil regulatory and executive tasks (as

opposed to oversight functions that usually

require more independence), from the Assembly

of Kosovo to the Government of Kosovo, as well

as assign these institutions to specific policy

areas delegated to the ministries of the

Government of Kosovo in order to create pre-

The Government

of Kosovo,

Assembly of

Kosovo

Transfer of main reporting

lines from Assembly to

ministries:

Decisions made: Q1-

Q4, 2017.

Establishment of new

reporting routines and

procedures: Q2, 2017

- 2018

58

conditions for better implementation of

government aims/objectives and effective use of

sectoral budgetary support from the EU.

Medium term:

Improve capacities of the Assembly of Kosovo

and ministries of the Government of Kosovo to

actively control and steer the performance of

semi-independent institutions and agencies

accountable to the parliament or government.

Improving oversight and steering capacity

requires both more (analytical) staff, relevant

expertise and better established procedures

(including the identification of a committee

responsible for supervision and relevant

supervision tools, such as regular hearings,

inspections, special audits or reports).

5. Inconsistent and weak

governance of agencies’

leadership arrangements

The choice between using

Boards and (Executive)

Directors49 of agencies seem

random in Kosovo. Clear

criteria should be established

for the choice of top

management structures (Boards

are normally used mainly for

regulatory agencies and

Directors in executive

agencies). Lack of consistency

in the institutional arrangements

governing the appointment and

dismissal of Board members

To rationalise the management and leadership

structures of semi-independent agencies, the

Government should:

Short term:

Manage (Executive) Directors of agencies falling

outside the scope of the Civil Service Law based

on the provisions of the specific legislation (the

new Law on Salaries whose provisions will apply

to state officials and civil servants) and the

Labour Law.

Re-consider the role of the Boards in Kosovo in

supervising the administrative, budgetary and

operational performance of semi-independent

institutions and agencies, steering their

management and ensuring their accountability to

the general public and different stakeholders vis-

à-vis the role of heads of these institutions;

Ministry of Public

Administration

Civil Service Law and

Law on Salaries:

Concept document

completed: Q1, 2017


Assembly: Q3, 2017

Adoption by the

Assembly: 2018


guidelines:


Final version: 2018

49 Heads of agencies established under the Assembly are called Directors, whereas head of agencies of the Government as called Executive Directors (although in the new job catalogue they are called General Directors)

59

and Directors. Weak capacity of

the Boards to supervise the

management of these bodies

Medium term:

Develop sound arrangements of board

governance for specific types of semi-

independent institutions and agencies (in

particular independent oversight bodies and

regulatory agencies), including their mandate and

type (non-executive and executive) of boards,

their composition and membership, as well as

procedures of their decision-making. If relevant,

differentiate these board governance

arrangements for various types of semi-

independent institutions and agencies. Develop

minimal competency requirements for Board

members and train them on the financial,

budgetary and operational management of these

bodies;

Appoint and dismiss Directors of semi-

independent agencies following the provisions of

the Civil Service Law for the institutions and

agencies falling within the scope of the civil

service legislation. Carefully consider the need

for flexibility in the Civil Service Law specific to

the agencies’ operation (including options of

fixed-term contracts, terms of office and

performance indicators) to balance the need for

specific procedures for the management of heads

of institutions and agencies (their appointment,

career management and dismissal) versus a

unified structure.

6. Lack of regulation on and

wide variety in human

resource management

practices and salaries levels

between agencies

The scope of the current Civil

Service Law is not clear and

To ensure better recruitment and termination of

agency staff, and fairness in salaries, the Government

should:

Short term:

Prepare the draft Civil Service Law to decide on

the scope of the civil service and its application

to different semi-independent and agencies

Ministry of Public

Administration,

Assembly

Civil Service Law and

Law on Salaries:

Concept document

completed: Q1, 2017


Assembly: Q3, 2017

Adoption by the

60

semi-) independent institutions

and agencies bypass the HRM

provisions. The inconsistent

application of HRM provisions

has resulted in an widely

unregulated system of

recruitment and termination of

agency staff and substantial

differences in salary levels,

generally favouring agencies to

ministries (not in line with

EU/OECD practices)

(which specific organisations will fall within the

scope of this legislation or outside it).

Medium term:

Enforce the job catalogue in all semi-independent

agencies which apply the Civil Service Law,

making them legally compliant with this HRM

instrument, to ensure rationality and transparency

in salaries across government ministries, agencies

and other institutions, as well as across different

types of positions within similar organisations.

The independence of some constitutional bodies

should be respected while implementing this

recommendation;

Manage staff of institutions and agencies outside

the scope of the Civil Service Law based on the

provisions of the specific legislation (the new

Law on Salaries whose provisions will apply to

state officials and civil servants) and the Labour

Law;

Ensure compliance by completing the HRMIS

system modules on HRM and strengthen MPA’s

capability to monitor and sanction non-

compliance.

Assembly: 2018


guidelines:


Final version: 2018

7. Lack of adequate

performance management of

agencies:

Programming, monitoring and

reporting requirements are not

defined in the legislation; the

autonomy of semi-independent

institutions and agencies is not

properly balanced with their

control; strategic aims and

objectives of the Government

of Kosovo are not adequately

cascaded to the agency level;

To promote better performance of agencies, as well

as ministerial steering and policy execution

capability, the Government should:

Short term:

Define general programming, monitoring and

reporting provisions in the proposed draft of the

new Law on Organisation of Public

Administration, introducing minimal

requirements to the number and regularity of

reports, as well as their public availability.

Harmonise planning and reporting requirements

across agencies following the assumption that a

single annual plan and a single annual report

Intergovernmental

Council, Ministry

of Public

Administration.

Office of Prime

Minister,

Assembly

Law on Organisation of

Public Administration:

Concept document

completed: Q1, 2017


Assembly: Q3, 2017

Adoption by the

Assembly: 2018


guidelines:


Final version: 2018

61

there is a lack of (key)

performance indicators for

agencies and their heads; even

when performance reports are

produced, they are not

scrutinised in relation to

financial or non-financial

performance results;

instruments of accountability to

the general public and

stakeholders are

underdeveloped (e.g. websites

are not functional and reports

are not available)

should be produced in most of the cases (with

some exceptions possible);

Every government ministry having subordinated

bodies should have a unit(s) explicitly tasked

with supervision over their performance. This

responsibility should be established in the

internal regulations of each ministry;

Even without the legislation being yet adopted,

ministries can work together with agencies

operating within their policy areas in order to

translate relevant policy aims into operational

agency and develop sound (key) performance

indicators for their measurement. Discuss the

possibility of initiating performance contracts

with agencies in the short term.

Medium term:

Introduce performance management frameworks

and contracts governing the relationship between

ministries and agencies, including operational

objectives and performance indicators for the

agencies, as well as key performance indicators

for heads of these bodies/boards in order to allow

for effective assessment at the leadership level;

Develop specific monitoring and reporting

procedures and templates in the secondary

legislation/guidelines for semi-independent

agencies. Advise these bodies on their application

and train staff of the Assembly of Kosovo and the

government ministries on how reports should be

scrutinised in order to better control the

performance of these bodies;

Semi-independent agencies accountable to the

Assembly should keep the Government of

Kosovo and its ministries informed about annual

performance plans and results of their

implementation in order to allow for better co-

Performance contracts

between agencies and

ministries:

First contracts signed:

Q3, 2017

Contracts signed for

all regulatory and

executive agencies:

2018

62

ordination of all bodies working in the policy

areas assigned to particular cabinet ministers;

Semi-independent institutions and agencies

should provide information necessary to ensure

(financial and non-financial) transparency

(including annual reports) on their websites and

the websites of their parent ministries / the

Assembly;

Explore the introduction of new accountability

instruments, including special reports or audits,

and improve the use of the existing accountability

instruments (such as ombudsmen or appeals) in

order to hold semi-independent agencies

accountable for their decisions.

63

5. THE ROADMAP FOR THE RATIONALISATION OF THE INSTITUTIONAL STRUCTURE IN KOSOVO

The purpose of this forward-looking roadmap is to provide a description of changes proposed to

the current structure of semi-independent institutions and agencies and their performance in

Kosovo. In order to address the main problems and challenges identified in the report, the

roadmap first sets out the aims of this reform and then elaborates on how this reform

programme should be implemented through legal, organisational and managerial actions,

starting from the adoption of a new legislative package.

The aims of reforming the structure of semi-independent institutions and agencies and

their operation

The main aims of this reform are to promote better governance, improved efficiency and

greater accountability of the semi-independent institutions and agencies in Kosovo. These

goals should address the problems identified in this report, including the fragmented agency

landscape that occurred due to frequent practice of bypassing existing regulations in the absence

of a coherent institutional framework. The achievement of these goals is also very important for

a more effective implementation of EU accession requirements, as well as preparing for an

efficient and transparent use of sector budget support from the EU to the Kosovo authorities.

More specifically, changes to the organisation and operation of semi-independent institutions and

agencies should bring the following benefits:

- Better implementation of the Government’s (short-term or medium-term) strategic

goals by developing a more coherent institutional framework, better cascading the

Government’s goals to agency level (translating them into operational objectives of

individual institutions and agencies and defining sound performance indicators), better

steering and control of the performance of these organisations during the implementation

process;

- Achieving efficiency gains in the operation of semi-independent institutions and

agencies, as well as savings to the State budget through different organisational changes

(not only organisational mergers and terminations, but also through the possibility of

shared services in order to achieve economies of scale);

- Improving the accountability of these bodies to the general public and specific

stakeholders by making annual work plans and performance reports publicly available,

engaging representatives of the society in the composition of boards and using other

appropriate tools (e.g. ombudsmen, audits or appeal mechanisms).

The Kosovo authorities can set adequate output- and outcome-level indicators for these policy

objectives in order to measure their achievement during the implementation process. For

instance, better effectiveness can be measured in terms of percentage of completion of the

activities of the annual work plans of semi-independent institutions and agencies and rate of

implementation of the budgetary appropriations allocated to these organisations. In order to

measure budget savings or efficiency gains, targets on containing financial or administrative

costs could be set, e.g. seeking a certain percentage of budget reduction or staff reduction in

different State institutions and Government agencies. Higher accountability of these

64

organisations can be measured via improvements in SIGMA’s indicator on “Accountability and

organisation of central government.”50

The main actions for the implementation of the recommendations

In order to achieve these aims, the recommendations of this report should be translated into a

dedicated reform programme. The programme should include sets of legislative, organisational

and managerial actions that should be executed in the short or medium term. This roadmap

identifies the main initiatives of rationalising the institutional set-up in Kosovo, while all the sets

of short-term and medium-term actions are outlined in the table of recommendations.

Legislative framework

The main legislative initiative is related to the adoption of the new legislative package, which

consists of the Law on Organisation of Public Administration, the Civil Service Law and the

Law on Salaries. This legislation will govern the establishment and operation of semi-

independent institutions and agencies, as well as the management of their human resources

(including salaries of civil servants, public servants and other staff employed in these

organisations).

The Law on Organisation and Public Administration should establish a common institutional

framework to all these institutions and agencies. It should limit organisational variety and the

number of agency types (independent oversight bodies, regulatory agencies, executive agencies

and advisory agencies) to a manageable level that eliminates confusion and is transparent to

politicians and society, whilst leaving sufficient room for making case-by-case decisions on the

specific design of individual bodies. In addition to governing the establishment, oversight and

termination of new institutions and agencies, this Law will contain provisions on how to

rationalise the existing stock of organisations (see the following section of the roadmap).

The adoption of other legal acts will also contribute to the implementation of the reform

programme. For instance, the proposed Civil Service Law will affect the scope of semi-

independent institutions and agencies that will apply its provisions. The proposed Law on

Salaries will have a direct impact on the level of salaries in State institutions and government

agencies. Also, the provisions of the individual laws within the legislative package will be

harmonised in order to, for instance, decide on the scope of the civil service and its application to

different semi-independent and agencies or establish pre-conditions for initiating performance

contracts with agencies/heads of agencies.

After this Law is passed, there will be a need to align specific legal acts that established different

organisations and defined their management with the provisions of the new Law during a certain

transitional period. Also, a sound implementation of this Law will require the development of

guidelines (secondary legislation) further detailing the establishment, management and

termination of semi-independent institutions and agencies. For instance, this can include the

elaboration of clear criteria and checklists for decision-making on the establishment,

management and termination of these institutions and agencies as well as internal decision

50 This indicator consists of 10 sub-indicators and measures the extent to which Principle 1 under the area of “Accountability” in the Principles of Public Administration is fulfilled.

65

making in supervisory or executive agency boards drawing on the good-practice examples of

selected OECD or European countries.

Institutional structure and relations between the executive and legislature

It should be noted that while some provisions of the new legislative package will apply to all

Kosovo institutions and agencies, the implementation of the reform programme will require a

specific case-by-case analysis to be carried out by a capable and appropriate co-ordination

structure. Therefore, a co-ordination structure should be established in order to implement the

provisions of the new legislative package and the reform programme. This will be achieved

through the following short-term actions:

Entrusting of the mandate to a high-level body with the remit to rationalise central

government and agencies. This could be in the form of an intergovernmental council chaired

by the Prime Minister (using the existing PAR Council or establishing a new council);

Assigning a capable co-ordination body (secretariat) to support the Council. This Body will

be responsible for making policy proposals, preparing draft legal acts and monitoring their

implementation. Adequate financial and human resources should be allocated to this Body

for the effective implementation of its reform-related functions. Clear managerial

responsibility should be assigned for these tasks within this co-ordination body. The Body

could be placed within the MPA.

The main tool of the organisational reform will be targeted reviews of individual organisations

and sets of organisations. The MPA and the PAR Council will employ this tool for all these

bodies according to the level of priority (expressed in red, amber and green colours) set in this

report. The main units of analysis for these reviews will be independent oversight institutions

and government agencies, their mandates and functions. It is also important to follow a

government-wide approach to these reviews, taking into account the functions of the ministries

and other public administration entities, as well as comparing similar sets of institutions and

agencies (in terms of independent oversight bodies, regulatory agencies, executive agencies and

advisory bodies, as well as in terms of policy areas assigned to different members of the

Government of Kosovo).

Teams of targeted reviews will screen the existing agency landscape against the criteria defined

in the Law on Organisation and Public Administration or secondary legislation (if an institution

or agency has a political or technical mandate, if it belongs to the executive branch of power

according to its tasks, if their activities require impartiality and objectivity, etc.) and make an

objective assessment of all possible institutional options (mergers, terminations, integration into

ministries, transfer to the executive branch of power, shared services, etc.). The results of these

targeted reviews that will contain specific proposals for organisational change will be submitted

to the intergovernmental Council for deliberation and approval. Following the approval of

certain organisational changes, MPA will initiate modifications to the existing laws establishing

the specific institutions and agencies following appropriate legal procedures, as well as will

monitor the legislative process in order to track progress of the agency reform.

Another important initiative of the reform programme will be related to rationalising the

legislative powers and oversight functions of the Assembly. Therefore, it is suggested to

develop and prepare for signing a Memorandum of Understanding between the Assembly of

66

Kosovo and the Government of Kosovo concerning the application of Article 142 in relation to

regulatory agencies and executive agencies. This political document would set out criteria for the

establishment of different semi-independent institutions and government agencies (e.g. whereby

the Government of Kosovo will take primary responsibility for the establishment of regulatory

agencies and executive agencies, while the Assembly of Kosovo will not initiate the

establishment of such agencies) and co-operation modalities between the Assembly of Kosovo

and the Government of Kosovo will be agreed upon concerning the establishment of different

types of semi-independent institutions and agencies.

The MoU between the Government and the Assembly can consider the transfer of some semi-

independent institutions and agencies, which fulfil regulatory and executive tasks (as opposed to

oversight functions that usually require more independence), from the Assembly of Kosovo to

the Government of Kosovo, as well as assigning these institutions to specific policy areas

delegated to the ministries of the Government of Kosovo. This would create pre-conditions for

the establishment of a more uniform institutional framework, better implementation of

government aims/objectives and a more effective use of sectoral budgetary support from the EU.

Non-legislative or managerial actions

The reform programme also includes many non-legislative or managerial actions (sets of

templates, targeted reviews, memoranda of understanding, training, etc.). These managerial

actions can be divided into two main sets:

- actions related to the management of the overall reform programme adequately conducting

targeted reviews, making sound reform proposals and regularly following the implementation of

the adopted decisions. Also, the Kosovo authorities can establish a central register of all semi-

independent institutions and agencies in Kosovo where essential documentation and data on their

performance can be maintained.;

- actions related to specific elements of agency governance that should be addressed within the

overall institutional framework. In addition to legislating on the main aspects of agency

governance in the Law on Organisation of Public Administration and other laws, it is important

to improve the specific functions of agency governance (like autonomy, steering, control, HRM

or accountability) following the functional logic. For instance, in order to promote better

performance and accountability of institutions and agencies, as well as ministerial steering and

policy execution capability, the Government of Kosovo should harmonise planning and

reporting requirements across various groups of institutions and agencies in the short term or

introduce performance management frameworks and contracts governing the relationship

between ministries and agencies in the medium term. A simple framework can be developed

whereby each organisation should produce a single annual work plan and a single annual

performance report in most of the cases while allowing for some case-by-case exceptions where

necessary.

More detailed suggestions on the specific elements of agency governance (in relation to boards,

HRM, performance management and accountability to broader public) are provided in the table

of recommendations where proposed actions are divided into two sets according to their

timeframes (short-term and medium-term actions). Some of these actions are conditional upon

the adoption of the legislative package, while other actions can be carried out in parallel to these

legal developments.

67

Final provisions

The rationalisation of the institutional structure in the country should be implemented in the

broader framework of the Strategy on Modernisation of Public Administration in Kosovo,

contributing to the higher-level goals of this strategic document. The Government of Kosovo

should develop and approve an action plan for the implementation of the recommendations

provided in this report. This plan should contain sets of short and medium-term actions,

including the specific proposals provided in this report. The Kosovo authorities can formulate

additional actions if they are deemed to be necessary for the achievement of the reform goals and

the implementation of the Law on Organisation and Public Administration. Civil society

organisations should be requested to provide their inputs during the preparation of this action

plan.

While the start of some actions will depend on the adoption of new legislation, the execution of

other actions can commence immediately after the approval of the reform programme and its

action plan. It is important to regularly monitor and report the implementation of the reform

programme against the set objectives and targets in order to assess how the legislative and non-

legislative actions contribute to the achievement of the reform aims (in terms of better

effectiveness, efficiency and transparency) and their impact on the state structure in Kosovo.

This information should be provided to the Government of Kosovo, the Parliament of Kosovo,

the EU office in Kosovo, other responsible institutions and policy stakeholders (including civil

society organisations whose representatives can be engaged in different stages of the monitoring

process).

68

PART 2: DESCRIPTIONS OF INDIVIDUAL INSTITTIONS AND AGENCIES

Independent institutions and agencies established by the Constitution and Assembly of Kosovo

1. The Constitutional Court of Kosovo

The Constitutional Court of Kosovo (CCK) is an independent constitutional institution

established with a special, the Law on Constitutional Court51 pursuant to Chapter VIII (Articles

112-118) of the Constitution of Kosovo. The CCK Law does not define whether it has the status

of legal entity but based on Article 20, paragraphs 4 and 5, the CCK publishes bylaws in the

Official Gazette. There is no provision in the Law on CCK that stipulates that CCK should report

to the Assembly. The Constitutional Court drafts an annual report which is sent for

information/notification to stakeholders, including to the Assembly of Kosovo. The CCK annual

reports are made public on the official website of the institution52.

CCK has nine judges and 12 legal advisers (including three international judges and two

international consultants who are not included in the payroll). Based on Article 6 of the Law on

CCK, the procedure of electing judges begins with the commission for reviewing candidates for

appointment to the CCK, which consists of the President of the Assembly, head of each

parliamentary group, chairperson of Kosovo Judicial Council, Ombudsperson, a representative of

the Community Consultative Council and a representative of the Constitutional Court. The

Commission issues notice/ call for election of one or more candidates for judges and after a

specific period for submission of applications, the commission interviews all candidates if they

meet the requirements specified by law in order to be elected as judges of the Court. The

Commission prepares a shortlist of candidates and does not recommend more than five

candidates per positions, whose names are sent to the Assembly and then after recommendation

of the Kosovo Assembly they are sent to the President of Kosovo for appointment. The term of

office of judges of the Constitutional Court is nine years.

The Constitutional Court has a President, a Deputy President and a position of General Secretary

who appoints and dismisses employees of the Secretariat in accordance with applicable Law on

Civil Service. The term of office of the President and Deputy President is three years. According

to Article 12, paragraph 5, employees of the Secretariat are subject of legal provisions on the

civil service. The general secretary is the chief administrative officer. The mandate of the general

secretary of the Constitutional Court is for an indefinite period. The Constitutional Court has its

Rules of Procedure53 which are approved by a majority vote of all judges who are present and

voting. According to Article 2 of the law, the Constitutional Court shall enjoy organizational,

administrative and financial independence in performing the tasks stipulated by the Constitution.

The Constitutional Court has an independent budget line approved by the Assembly of Kosovo.

According to Article 14 of the law, the Constitutional Court is funded from the Kosovo budget

and prepares the proposal for its annual budget and submits it for approval to the Assembly of

51 Law No. 03/L-121 on the Constitutional Court of Kosovo: http://bit.ly/25labmM 52 Annual reports of the Constitutional Court of Kosovo: http://bit.ly/2bIXOtz 53 Rules of Procedure of Constitutional Court: http://bit.ly/1TwXb2I

http://bit.ly/25labmM

http://bit.ly/2bIXOtz

http://bit.ly/1TwXb2I

69

Kosovo. Budget, number and categories of employees 2013-2016 are presented in the table

below:

Subject 2013 2014 2015 2016

Budget 1,566,741 1,552,741 1,470,170 1,501,013

Number of employees54 42 41 39 39

Number of civil servants x55 x x x

Number of political appointees x x x x

Number of professional staff x x x x

Number of administrative staff x x x x

Number of support staff x x x x

According to Article 15 of the Law on CCK, the salary of judges of the Constitutional Court is

1.3 times higher than those of the Kosovo Supreme Court judges, while under Article 13 of this

Law, the salary of legal advisers is determined in accordance with the applicable legislation. The

salary system in the Constitutional Court is mixed, but dominated by elements of the fixed salary

system, based on the Law on the Constitutional Court, Rules of Procedure, bylaws and special

decisions of the Court. Employees have fixed salaries and supplements between 5 – 40% of basic

salary are applicable, while earlier supplements of 20% for legal advisers are included in the

basic salary.

Possible disciplinary measures against employees at the CCK are addressed by the Disciplinary

Committee within the CCK, while disputes and appeals may also be addressed by the Dispute

Resolution and Appeal Commission within the CCK. Outside the institution, civil servants may

appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant

court.

2. Kosovo Prosecutorial Council

Kosovo Prosecutorial Council (KPC) is an independent constitutional institution established by

the Assembly with a special law, the Law on Kosovo Prosecutorial Council56 pursuant to Article

110 of the Constitution of Kosovo. The Law on KPC and its amendments and supplements do

not define whether the KPC has the status of legal person and if KPC publishes bylaws in the

Official Gazette. According to the Article 1.11 of the Law on KPC, Kosovo Prosecutorial

Council reports to the Assembly of Kosovo, President and the public on the work of the Council

and State Prosecutor's Office. The Report of KPC is sent to the Assembly and Committee on

Legislation, Mandates, Immunities, Rules of Procedure of the Assembly and Oversight of Anti-

Corruption Agency. KPC reports are made public through official website of the institution57.

Based on Article 3 of the Law amending and supplementing the Law on KPC, Kosovo

Prosecutorial Council consists of 13 members with a five year term. Ten of the members are

from among prosecutors; three are elected by the Assembly of Kosovo, a lawyer from the

Chamber of Advocates, a university law professor and a member from the civil society.

54 These figures are given not counting the legal advisors 55 It means that data is not available. 56 Law No. 03/L-224 on Kosovo Prosecutorial Council: http://bit.ly/288pePL amended and supplemented with the Law Nr.05/L-035: http://bit.ly/1TSIpbX 57 Annual KPC reports: http://bit.ly/2bFoxGH

http://bit.ly/288pePL

http://bit.ly/1TSIpbX

http://bit.ly/2bFoxGH

70

Members elected by the Assembly are elected by a majority vote of all members of the Assembly

in a secret ballot from a list of three people for each position proposed by the original institution.

Chairperson and deputy chairperson are elected by the prosecutor members of the KPC for a

three-year term with no right to be re-elected. Duties and competences of KPC are defined in

Article 4 of the Law on KPC. The role of chief administrative officer is exercised by the Director

of the KPC Secretariat, who is selected and dismissed according to procedures and criteria

developed and adopted by the KPC. The Secretariat helps the work of the KPC and is headed by

the Director of the Secretariat. Within the framework of KPC there is Prosecutors’ Performance

Assessment Unit which is led by a Director who is elected and dismissed by the KPC and Office

of Disciplinary Prosecutor, which is also headed by a Director who is elected and discharged by

the KPC. KPC organization is defined with the Law on KPC and amendments and supplements

of this law and other bylaws adopted by the Council.58

KPC has an independent budget line approved by the Assembly of Kosovo. The budget, number

and categories of employees 2013-2016 are presented in the table below:

Subject 2013 2014 2015 2016

Budget 6,175,534 6,872,000 7,188,086 8,327,478

Number of employees 386 431 427 442

Number of civil servants 313 354 351 362

Number of political appointees 0 0 0 1

Number of professional staff 208 254 250 262

Number of administrative staff 105 100 101 100

Number of support staff 73 77 76 79

According to Article 3, paragraph 6 of the Law amending and supplementing the Law on KPC,

members of the KPC are entitled to compensation and such a scheme is approved by the KPC,

but compensation will not exceed 25% of the basic salary, excluding the chairperson and deputy

chairperson, while the salary of the representatives of Chamber of Advocates is determined and

paid by the Kosovo Chamber of Advocates. KPC prepares the annual budget proposal and sends

it to the Assembly of Kosovo for approval. KPC is independent in annual budget management.

The salary system in the KPC is based on coefficients and basic salary, and for staff members

who are not civil servants applies the Administrative Instruction 2000/2. The salary of civil

servants is determined by coefficients according to rules of civil service in Kosovo.

Possible disciplinary measures against KPC employees are decided by the Disciplinary

Committee within the KPC, while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within the KPC. Outside the institution, civil servants may


court.

3. Kosovo Judicial Council

Kosovo Judicial Council (KJC) is an independent constitutional institution established by the

Assembly based on a special law, the Law on Kosovo Judicial Council59pursuant to Article 108

58 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, pg. 49: http://bit.ly/2c1E1bv 59 Law No. 03/L-223 on Kosovo Judicial Council: http://bit.ly/1NzËnNu

http://bit.ly/2c1E1bv

http://bit.ly/1NzWnNu

71

of the Constitution of Kosovo. The KJC has the status of legal entity but the law on its

establishment does not determine whether KJC publishes laws in the Official Gazette. Based on

Article 108, paragraph 8 of the Constitution of Kosovo and Article 6, paragraph 4 of the Law on

KJC, the KJC Chairperson addresses to the Assembly at least once a year regarding the situation

in judicial system. KJC prepares annual reports and publishes them through KJC official

website.60 Report is not sent to the Assembly for approval, but only for informing the Assembly

of Kosovo through the Committee on Mandates, Rules of Procedure of the Assembly and

Oversight of Anti-Corruption Agency.

According to Article 108, paragraph 6 of the Constitution of Kosovo and Article 5 of the Law on

KJC, the Kosovo Judicial Council consists of 13 members. Seven members are judges elected by

members of the judiciary while the other six are elected by the Assembly of Kosovo.

Chairperson and deputy chairperson are elected by members of the KJC for a three-year term.

The mandate of KJC members is five years but a member may be re-elected for an additional

term of five years. KJC members do not work full-time, apart from the KJC Chairperson. The

director of the KJC Secretariat has the role of chief administrative officer. Director of the

Secretariat is selected by open competition by the Council although the applicable laws create

dilemmas regarding selection procedures. The internal organization of the KJC: Director of the

Secretariat has two offices and a unit with officers who are under its direct subordination;

translation support office, procurement office and units of certification officer, public

communication, information and media monitoring, European integration (two positions) and

administrative officer. Director of KJC has two more subordinate units headed by a coordinator

which have officers but no other structures like divisions or sections.61 The internal organization

of the KJC is not defined by the Law on Establishment of KJC with the exception of the Council.

KJC has a regulation on internal organization and systematization of jobs in the KJC Secretariat.

62 Regulation is adopted by the Kosovo Judicial Council. 63_ftn12

KJC has independent budget line approved by the Kosovo Assembly. Budget, number and

categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 19,910,467 20,933,483 21,288,771 20,745,490

Number of employees 1,851 1,843 1,827 1,792

Number of civil servants 1,063 1,083 1,081 1,019





According to Article 15 of the Law on KJC, in consultation with Presidents of Courts, KJC

proposes annual budget and submit to the Government for approval. There are 1,019 employees

with civil servant status under the Civil Service Law. KJC has coefficients between 5 and 10

(coefficient 5 applies for receptionist, 10 for department director) and some coefficients of 17.3

60 Annual KJC reports: http://bit.ly/27DifxS 61 KJC organisational chart: http://bit.ly/209SAY9 62 Not available at the KJC website. 63 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, pg. 47: http://bit.ly/2c1E1bv

http://bit.ly/27DifxS

http://bit.ly/209SAY9


72

that apply for disciplinary prosecutor's office and 13.3 for judicial performance review unit.

Support and maintenance staff in KJC are not civil servants and their salary coefficient is 4.5.

Director of the Council Secretariat, Director of the Office of Disciplinary Prosecutor and

Director of the Judicial Performance Review Unit receive a salary equivalent of 90% of the

salary of the KJC Chairperson. The chairperson receives a salary equivalent to the Prime

Minister while deputy chairperson has the same salary level with a minister. KJC chairperson

and deputy chairperson are paid the KJC whereas members are paid by courts from which they

come from. 64 Possible disciplinary measures against employees in KJC are decided by the

Disciplinary Committee within the KJC while disputes and appeals can also be addressed by the

Dispute Resolution and Appeal Commission within the KJC. Outside the institution, civil

servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to

the relevant court.

4. Kosovo Intelligence Agency

Kosovo Intelligence Agency (KIA) is an independent constitutional agency for security and

intelligence established with a special law, the Law on Kosovo Intelligence Agency 65

_ftn14pursuant to Article 129 of the Constitution of Kosovo. KIA has the status of a legal entity

and does not publish bylaws in the Official Gazette. According to Chapter VII of the Law, KIA

reports to and is supervised by the KIA Oversight Committee of Kosovo Assembly established

under the Law on the Kosovo Intelligence Agency. The composition of the committee is defined

with the Rules of Procedure of the Assembly of Kosovo. KIA has no official website and its

annual reports are not public.

KIA is headed by the Director under Article 5, paragraph 3 of the Law on KIA, appointed to this

position by the President together with the Prime Minister for a five-year term and which may be

renewed for one more term. The KIA Director is assisted by deputy director who is appointed in

the same way as the KIA Director, President and Prime Minister appoint the KIA deputy director

for a five-year term, which may be renewed for one more term. President together with the Prime

Minister appoints the Inspector General for a four year term with possibility of renewal for a

second term. KIA Director and Inspector General report directly to the Prime Minister.

According to Article 7 of the Law on KIA, the internal organization of the KIA is determined by

the Regulation on internal organisation. The Regulation is not public and according to Article 32

of the Law, the KIA shall be exempt from provisions of any laws that require disclosure of the

organization, functions, names and official titles. On this basis, is it not known who the chief

administrative officer is, and which are structural levels and reporting hierarchy!

KIA has an independent budget line approved by the Assembly of Kosovo. It has 90 employees

and according to Article 12, paragraph 1 of the Law on KIA, KIA employees are not civil

servants. According to Article 40 of the Law on KIA, KIA Director prepares annual draft budget

for KIA and submits to the Prime Minister for approval and sending to the Parliamentary

Oversight Committee, details of which are considered classified information. The Kosovo

Assembly shall make available to the KIA an annual budget sufficient to perform duties and

64 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 46: http://bit.ly/2c1E1bv 65 Law No. 03/L-063 on Kosovo Intelligence Agency: http://bit.ly/2bVyAG1


http://bit.ly/2bVyAG1

73

responsibilities to protect Kosovo's security. The budget for 2013-2016 and total number of

employees is shown in the table below:

Subject 2013 2014 2015 2016

Budget 5,920,000 5,930,000 6,783,000 6,648,282


Number of civil servants x x x x





According to Article 7 of the Law on KIA, KIA Director shall adopt a regulation on salaries.

According to Article 19 on salaries and compensation of KIA employees, the compensation

package for KIA employees recognizes special conditions under which they perform their duties.

Basic salary of employees shall vary based on factors that include, but are not limited to, grade

and length of service. Since Regulation on organisation is not public and employees are not civil

servants, it is not known if the KIA has established internal commissions, disciplinary

commission and appeals and dispute commission. Since employees are not civil servants, they do

not have the right to appeal in IOBCSK, but only to the court.

5. Kosovo Security Council

Kosovo Security Council (KSC) is an independent constitutional body established with a special

law, Law on Establishment of Kosovo Security Council 66 pursuant to Article 127 of the

Constitution of Kosovo. KSC functions within the Office of Prime Minister. The law on

establishment does not define whether KSC has the status of legal entity and whether KSC

adopts and publishes bylaws in the Official Gazette. The KSC is chaired by the Prime Minister

of Kosovo whereas in a state of emergency it is chaired by the President. According to Article 9

of the relevant law, KSC is overseen by the Assembly of Kosovo, that is, by the Committee for

Internal Affairs, Security and Oversight of Kosovo Security Force. The head of KSC submits an

annual report for previous year activities for discussion and approval by the relevant committee

of the Kosovo Assembly not later than March of current year. KSC does not have official

website and does not publish annual activity reports.

According to Article 4, paragraph 4.1 KSC works under the responsibility of the Prime Minister

who also chairs its meetings. KSC has an advisory role on all matters relating to security of

Kosovo and recommends to Government policies and strategies in the field of security. KSC

consists of permanent members who have executive role and non-permanent members with

advisory role. The mandate of KSC members is not specified in the law and mandate of ministers

as executive members is related to the mandate of Government, while the mandate of advisory

members is related to the mandate of positions from which they come. The term of the chief

administrative officer is three years. Article 3 of Law on establishment of KSC lists its

composition. KSC convenes every three months or four times a year. KSC supporting bodies are

the Secretariat and Situation Centre. The Secretariat is headed by the Secretary of KSC, who is a

civil servant and chief administrative officer. Secretariat has two departments that are headed by

66 Law Nr. 03/L-050 on Establishment of Kosovo Security Council: http://bit.ly/2ceGcEa

http://bit.ly/2ceGcEa

74

directors who report to the Secretary. There are no other divisions in these departments. The

other supporting body is Situation Centre which is also headed by a director who reports to the

Secretary of KSC. There are three reporting levels: directors of departments report to the KSC

Secretary of the Secretariat, and the Secretary reports to the Prime Minister.67 Ministry of Public

Administration gives its consent for the regulation on internal organization and systematization

of jobs in the KSC, which is then approved in the Government.68

KSC does not have independent budget line and the budget of KSC is included in the budget of

Office of Prime Minister. The budget, number and categories of employees 2013-2016 are

shown in the table below:

Subject 2013 2014 2015 2016

Budget 334,595 334,595 350,365 277,863







There are 24 employees in the KSC with civil servant status, and their salary is determined with

same coefficients as for other civil servants. Officers have coefficients depending on their

positions which are approved by the Ministry of Finance and Ministry of Public Administration.

Directors have the coefficient 10 and KSC Secretary has the same position with a secretary of a

ministry and has a coefficient of 20. Possible disciplinary measures against KSC employees are

addressed by the Disciplinary Committee within the KSC, while disputes and appeals may also

be addressed by the Dispute Resolution and Appeal Commission within the KSC. Outside the

institution, civil servants may appeal to the Independent Oversight Board for Civil Service

(IOBCSK) and then to the relevant court.

6. The Institution of Ombudsperson

Ombudsperson Institution (OI) is an independent constitutional institution established by the

Assembly. OI has the legal person status and publishes laws in the Official Gazette. OI is

established by a special law, the Law on Ombudsperson69pursuant to Chapter XII, Articles 132-

135 of the Constitution of Kosovo. 70 According to Article 135 of the Constitution of Kosovo and

Article 29 of the Law on Ombudsperson, the Ombudsperson presents an annual report to the

Assembly. In practice, the Ombudsperson reports to Parliament through the Committee on the

Rights and Interests of Communities and Returns. Ombudsperson publishes annual reports in the

official website of the institution. 71

67 Regulation Nr. 43/2013 on internal organization and systematization of jobs in the Secretariat and Situation Centre of Kosovo Security Council: http://bit.ly/2chzdLR 68 Regulation No. 12/2015 on amending and supplementing Regulation Nr. 43/2013 on internal organization and systematization of jobs in the Secretariat and Situation Centre of Kosovo Security Council: http://bit.ly/2cAWEAe 69 Law Nr. 05/L-019 on Ombudsperson: http://bit.ly/1QExxJG 70 The Ombudsperson Institution is initially established in 2000 with UNMIK Regulation 2000/38. 71 OI’s annual reports: http://bit.ly/2bYUWdQ

http://bit.ly/2chzdLR

http://bit.ly/2cAWEAe

http://bit.ly/1QExxJG

http://bit.ly/2bYUWdQ

75

According to Articles 8 and 9 of the Law on Ombudsperson, the Assembly announces the

competition for selection of Ombudsperson under the conditions specified by the Constitution

and the law. The relevant Assembly committee establishes a selection panel which evaluates

candidates who have applied in competition announced by the Assembly. The panel interviews

all candidates who meet the requirements and prepares a shortlist of candidates which is sent to

the Committee. The shortlist has three candidates and Assembly Committee makes

recommendation for Ombudsperson. The Ombudsperson is elected by a majority vote of the

Assembly for a five-year non renewable term. The Ombudsperson has five deputies who are also

elected by the Assembly. Competition for selection of Deputy Ombudspersons is announced by

the Ombudsperson Institution, which also proposes two candidates for each position of Deputy

Ombudsperson. Five candidates are elected by the Assembly of Kosovo as Deputy

Ombudspersons for a term of three years with the possibility of re-election. In general, the

Ombudsperson Institution consists of the Office of Ombudsperson, five deputies and OI staff.

According to Article 37 of the Law on Ombudsperson, the Ombudsperson issues Rules of

Procedure, Regulation on internal organization and systematization of jobs, 72decision-making

processes and organizational issues in accordance with the law. Regulation on internal

organization is adopted by the Ombudsperson and under this Regulation OI is organized as

follows: Ombudsperson (deputies, cabinet, public and media communication, international

relations, internal audit), then professional services consisting of sections and their departments

and offices; administrative services consisting of offices, sections, departments and divisions.

OI has an independent budget line approved by the Assembly of Kosovo. Under Article 35 of the

Law on Ombudsperson, OI is funded from the Kosovo budget. The budget is proposed by OI and

submitted for approval to the Assembly of Kosovo. OI budget cannot be less than the previous

year's budget it may be cut only with the approval of the Ombudsperson. The budget, number

and categories of employees 2013-2016 are shown in table below:

Subject 2013 2014 2015 2016

Budget 968,039 1,095,610 1,091,323 1,402,219


Number of civil servants x x x 45


Number of professional staff x x x 32

Number of administrative staff x x x 8


There are 45 employees with civil servant status under the Law on Civil Service. Under Article

34 of the Law on Ombudsperson, salaries in this institution are regulated with the law on salaries

of the Kosovo budget. However, since such law does not exist, salaries of the Ombudsperson and

deputy ombudspersons are proposed by the Committee on Budget and Finance and approved by

the Assembly, whereas basic salary of civil servants is inherited from the time when

Ombudsperson was established in 2000. Possible disciplinary measures against employees of OI

are addressed by the Disciplinary Committee within OI, while disputes and appeals may also be

addressed by the Dispute Resolution and Appeal Commission within the IO. Outside the



72 Regulation 01/2016 on Internal Organisation and Systematization of Jobs in the Ombudsperson Institution: http://bit.ly/21gzMHQ

http://bit.ly/21gzMHQ

76

7. National Audit Office

National Audit Office (NAO) is an independent constitutional institution established by the

Constitution of Kosovo and with special law, Law on the Auditor-General and the National

Audit Office73 pursuant to article 136 of the Constitution of Kosovo. The Law on Auditor

General does not stipulate whether the institution has the status of a legal person and whether it

publishes laws in the Official Gazette. According to Article 4 of the law, the Auditor is

accountable to Parliament for the exercise of duties stipulated in the Constitution and law, while

according to Article 14, within four months after the end of a budget year, the Auditor-General

submits to the Assembly the annual performance report on activities of National Audit Office. In

practice, NAO reports to the Assembly of Kosovo through the Committee on Oversight of Public

Finances. National Audit Office’s reports are published on official website of the institution. 74

According to Article 4, paragraph 4 of the Law on the Auditor-General and National Audit

Office, the Auditor-General is elected by majority vote in the Assembly on the proposal of the

President. The auditor is elected for a five year term. The selection process of the Auditor-

General goes through open competition announced by the Office of the President and interviews

by a selection committee appointed by the President of Kosovo. In addition to Auditor General,

National Audit Office has a deputy auditor general, assistants of auditor general, Director

General, auditors and administrative/support staff. Deputy auditor-general, assistants of auditor

general and director general are selected by the Auditor-General through an open competition

announced by the national audit office for a five year term. According to Article 10 of the law,

the Auditor General by the means of an internal regulation defines the organization and

management of the National Audit Office. The head of National Audit Office is Auditor General

while chief administrative officer is the director general. After the adoption of the law on

Auditor-General and National Audit Office in May 2016, no regulation has been issued yet for

internal organization that would show reporting hierarchy within the office.

NAO has an independent budget line approved by the Assembly of Kosovo. According to Article

13, paragraph 4 of the relevant law, if the government in any way changes or modifies NAO’s

budget proposal, it should inform the Parliament for NAO’s budget proposal when the proposed

draft budget is sent to the Assembly. Budget, number and categories of employees 2013-2016 are

shown at the table below:

Subject 2013 2014 2015 2016

Budget 2,120,453 2,130,753 2,212,515 2,287,193



Number of political appointees x x x 1




73 Law Nr. 05/L-055 on Auditor General and National Audit Office: http://bit.ly/2c1a4EU 74 NAO’s annual reports: http://bit.ly/2bVcEgM

http://bit.ly/2c1a4EU

http://bit.ly/2bVcEgM

77

Prior to the adoption of the latest Law on Auditor-General and National Audit Office, auditors

were civil servants. According to Article 15, paragraph 1, of this law, relevant civil service

legislation will not apply for the Auditor-General, Deputy Auditor-General, assistant auditors

and auditors, while the rest of the staff are governed by the Law on Civil Service. According to

this, Director General and the rest of the administration are civil servants. According to

paragraph 2 of the same article, in drafting regulations and addressing issues related to human

resources, shall be taken into consideration values and principles of civil service law and labour

law. According to the law, Article 4, paragraph 7, the salary of the Auditor General is determined

by the Assembly until the adoption of the law on salaries. Salaries of civil servants are

determined with coefficients while for public servants applies the Administrative Instruction

2000/2. Regarding allowances, OGA has a Government approved scheme, which includes: 1)

allowance for risk at work for all employees, 2) allowance for auditors, 3) allowance for quality

audit staff members, 4) allowance for audit team leaders, 5) allowance for specific support staff

work, and 6) allowance for IT staff. All these allowances (supplements) are provided with

separate decisions of the Government and they are provided for specific functions that contribute

directly to the implementation of priorities, strategies and action plans of the Office of the

Auditor General. Amount of allowances in most cases does not exceed 40% of the basic salary,

but for some strategic and managerial functions they are as high as 50% of basic salary.75

Possible disciplinary measures against employees of the NAO are addressed by the Disciplinary

Committee of NAO, while disputes and appeals can also be addressed by the Dispute Resolution

and Appeal Commission within the NAO. Outside the institution, civil servants may appeal to

the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.

8. Central Election Commission

The Central Election Commission (CEC) is an independent constitutional body established by

the Assembly of Kosovo with the Law on General Elections in Kosovo76 pursuant to Article 139

of the Constitution of Kosovo. The law does determine whether the CEC has the status of legal

person while the CEC publishes laws in the Official Gazette. According to Article 63, paragraph

10 of Law on General Elections, the CEC prepares for the Assembly of Kosovo an annual report

in April. The report contains information on activities of the CEC and recommendations that the

CEC considers appropriate to be addressed at the Assembly. In practice, the CEC submits an

annual report to the Assembly of Kosovo through the Committee on Mandates, Immunities,

Rules of Procedure of the Assembly and Oversight of Anti-Corruption Agency. 77 CEC prepares

annual work reports, which are made public through the official website of the institution.78

Pursuant to Article 60 of the Law on General Elections, and in line with the Constitution the

CEC consists of 11 members. The CEC Chairperson is appointed according to Article 139,

paragraph 3 of the Constitution of Kosovo. The Chairperson is appointed by the President of

Kosovo from among judges of the Supreme Court and Courts of Appeal for a seven-year term,

75 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 85: http://bit.ly/2c1E1bv 76 Law Nr. 03/L-073 on General Elections in Kosovo: http://bit.ly/1Ue4PmJ 77 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 65: http://bit.ly/2c1E1bv 78 Annual reports of the CEC: http://bit.ly/2bXNsUQ


http://bit.ly/1Ue4PmJ


http://bit.ly/2bXNsUQ

78

while members are elected by parliamentary groups represented in the Assembly. One member is

elected from the Serb community in Kosovo; three are elected from the other three minority

communities in Kosovo while six other members are elected by the parliamentary groups

represented in the Assembly. Chairperson of the CEC cannot serve more than two consecutive

terms, while members of the CEC cannot serve more than three consecutive terms. In accordance

with Article 65, the CEC is assisted by a Secretariat which functions according to the Law on

General Elections. The Secretariat is headed by the Chief Executive Officer who is elected by the

CEC and reports to the CEC. Secretariat has an Office for Registration of Political Parties which

is headed by a Director who is elected by and reports to the CEC. The Secretariat has drafted

Administrative Instruction on its internal functioning, communication and reporting.79 The Chief

Executive Officer is chief administrative officer. According to the organizational structure of the

Secretariat, the reporting and communication follows this line: officer – senior officer - head of

division – director - chief executive officer and the Commission. The CEC establishes within the

Secretariat the Office for Political Party Registration and Certification which is headed by the

Executive Director and reports directly to the CEC. CECS has a department of legal affairs,

department for electoral operations, department of administration and support, and IT

department. There are divisions and chief of divisions within departments.

The CEC has independent budget line approved by the Assembly of Kosovo. Budget, number

and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 11,538,660 11,534,930 5,329,718 5,428,652


Number of civil servants X x x x





The salary system applied in CECS is coefficient-based. Chief Executive Officer of the CECS

has coefficient 19/20, Internal Auditor (director position) has the same coefficient, directors of

departments have coefficient 10, heads of divisions 9, senior officers 8, officers 7 and the driver

has coefficient 6. The salary of the Chairperson of the CEC is equal to the salary of the

Ombudsperson, while members of the CEC have salaries equal to deputy Ombudspersons. In

terms of salary supplements, only during the electoral process, CEC including CECS receive

supplements because of overtime and workload.80 For public servants applies the Administrative

Instruction 2000/2. Possible disciplinary measures against CEC employees are addressed by the

Disciplinary Committee within CEC, while disputes and appeals can also be addressed by the

Dispute Resolution and Appeal Commission within the CEC. Outside the institution, civil


the relevant court.

79 Administrative Instruction 03/2015 on functioning, communication and reporting in the CECS: http://bit.ly/1T1qfyf 80 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 64: http://bit.ly/2c1E1bv

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79

9. The Central Bank of Kosovo

The Central Bank of Kosovo (CBK) is an independent constitutional institution which reports to

the Assembly of Kosovo. The CBK is an institution with legal person status while it is not

defined in the law whether CBK publishes bylaws in the Official Gazette. The CBK is

established with a special law, the Law on the Central Bank of Kosovo81 pursuant to Article 140

of the Constitution of Kosovo. According to Articles 28 and 29 of the Law, the CBK reports at

least once a year to the Assembly of Kosovo. Article 28, paragraph 2, stipulates that within six

months after the end of the financial year, the CBK will formally submit one or more reports to

the Kosovo Assembly and the Minister on the state of economy during the financial year that just

ended. According to Article 29, the Governor of CBK, at the request of the Assembly or on its

own initiative, at least once a year will be heard by the Assembly and its committees concerning

the objectives of CBK. Pursuant to these articles, the CBK reports to the Assembly of Kosovo

and Minister of Finance of the Government of Kosovo. Reporting to the Assembly of Kosovo is

stipulated in Article 59 of the Law on CBK. The CBK annual reports are published on its official

website82.

According to Chapter XII of the Law on CBK on Governance and Organisation, the CBK

decision-making bodies are: the Board of CBK, the Executive Board and the Governor.

According to Article 34, paragraph 2, the CBK Board consists of the Governor, General Director

of Treasury and three non-executive members who have a five year term and based on Article 38

of the Law on CBK, no member of the Board of CBK or the Executive Board (including the

Governor) will serve for more than ten (10) years in their respective positions. The Executive

Board consists of the Governor, who shall be the Chairperson of the Board and deputies, whose

number will be decided by the CBK Board on the proposal of the Governor. The Governor

serves as Chief Executive Officer of the CBK and is in charge of daily operations of CBK and is

accountable to the Board of CBK and reports no less than ten times a year. The CBK

organizational structure is determined by the Board of CBK upon the recommendation of the

Executive Board. The governor is chief administrative officer and CBK is organized in

departments (divided into divisions) based on which positions of deputy governors are divided

into three functional categories: financial oversight, banking operations and general functions.83

Divisions are departmental units while departments are under deputy governors who are

delegated tasks by the Governor.

The CBK has independent budget line approved by the CBK Board and Assembly. Budget and

number of employees 2013-2016 are shown in table below:

Subject 2013 2014 2015 2016

Budget84 4,411,000 5,375,000 5,300,000 X





81 Law Nr. 03/L-209 on the Central Bank: http://bit.ly/1qYBSQu 82 The CBK annual reports: http://bit.ly/2bInVkb 83 The CBK organisational chart: http://bit.ly/1SeS3Sj 84 These figures indicate administrative (operational) of the CBK in the CBK financial reports, but not the budget which is not in the budget tables.

http://bit.ly/1qYBSQu

http://bit.ly/2bInVkb

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80



According to Article 64 of the Law on the CBK, Kosovo Central Bank prepares its own annual

budget which is approved by the Board of CBK and the budget is sent to the Minister of Finance

for information purposes only. The salaries in the CBK are determined by the Compensation

Policy (a CBK document) and they are determined by the grading system, with a total of 13

grades. Based on Article 73 of the Law on CBK, the Central Bank of Kosovo is not subject to a

number of laws, including the Law on Civil Service. Based on this, employees (civil employees)

in the CBK are not civil servants but public servants. Their employment relationship and salaries

are determined by the CBK Law, Labour Law and other relevant documents of the CBK.

Since the CBK staff are not civil servants, the Law on CBK does not indicate whether the Bank

has established any disciplinary commission or dispute resolution and appeal commission, as it is

done by institutions that implement the Law on Civil Service. According to CBK, the CBK

employees have no right of appeal to the Independent Oversight Board for Civil Service

(IOBCSK) but only to the bodies within the CBK and to the relevant court.

10. Independent Media Commission

The Independent Media Commission (IMC) is an independent constitutional and regulatory body

established by Parliament with a special law, the Law on the Independent Media Commission85

pursuant to Article 141 of the Constitution of Kosovo. The law on establishment does not define

whether the IMC has a legal person status while the IMC publishes bylaws in the Official

Gazette. According to article 3, paragraph 2.8 of the Law on IMC, Independent Media

Commission submits to the Assembly an annual report which is made public after adoption by

the Assembly of Kosovo. In practice, IMC reports to the Kosovo Assembly through the

Committee for Public Administration, Local Government and Media. IMC annual reports are

publicly available in the official website of the institution.86

The IMC has a Commission consisting of seven members (Chairperson, deputy chairperson and

five members), executive office with civil servants including the Chief Executive Officer in

charge of the office and the Board of Appeals, which by law is independent in exercising its

functions. The Appeals Board consists of three members. Members of the IMC Commission and

Board of Appeals are appointed by the Assembly through an open competition announced by the

IMC for the Commission, while competition and all other appointment procedures for members

of the IMC Board are performed by the Assembly. All applications submitted to the IMC are

sent to the Assembly (Committee for Public Administration, Local Government and Media) and

an ad-hoc committee interviews candidates and two candidates for each position are submitted to

a vote in the Assembly session.87 Two members of the Commission are appointed for a two year

term, three for three-year term and two others for a four-year term and duration is established

through a draw. The mandates of IMC Chairperson and deputy chairperson are two years with

possibility of extension for another two years. Chief Executive Officer who heads the executive

85 Law Nr. 04/L-44 on Independent Media Commission: http://bit.ly/25t0kYV 86 The IMC annual reports http://bit.ly/2bLKnMv 87 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 69: http://bit.ly/2c1E1bv

http://bit.ly/25t0kYV

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81

office is selected through open competition according to the rules of civil service on senior

management positions and reports to the IMC and the Chairperson.

The executive office has a Chief Executive Officer, frequency management department,

department of licensing, department of monitoring and analysis, legal director, department of

administration, procurement department, and department of audit, executive assistant and public

relations officer. With the exception of department of administration, four other departments are

divided into divisions and officers within those divisions. The Chief Executive Officer is chief

administrative officer.

IMC has independent budget line approved by the Assembly of Kosovo. Budget, number and


Subject 2013 2014 2015 2016

Budget 789,539 1,483,539 794,342 1,046,477







According to the IMC law, the level of compensation of the Chairperson and members of the

IMC and members of the Appeals Board shall be determined in accordance with the Law on

Salaries of Senior Officials. Since such law does not exist, salaries of members of the IMC and

the Board are determined by the Assembly while salaries of civil servants are determined by

coefficients of 6 to 20. Possible disciplinary measures against employees of the IMC are

addressed by the Disciplinary Commission in the IMC, while disputes and appeals can also be

addressed by the Dispute Resolution and Appeal Commission within the IMC. Outside the


(IOBCSK) and then in the relevant court.

11. Kosovo Property Agency88

Kosovo Property Agency is an independent agency which is established by the Assembly.

Kosovo Property Agency has the status of a legal person; it is not a regulatory agency or body

and has no authority to publish regulations or other sublegal acts in the Official Gazette. Kosovo

Property Agency was originally established with UNMIK Regulation 2006/10 which was then

abrogated by Regulation 2006/5089 and this regulation was amended and supplemented by two

laws of the Kosovo Assembly. 90 Based on _ftn38laws of the Assembly of Kosovo, the Kosovo

Property Agency operates as an independent agency in accordance with Article 142 of the

Constitution of Kosovo.91The Kosovo Property Agency is composed of the Executive Secretariat

88 This agency has been transformed to the Agency on the Comparison and Verification of Property with the Law No. 05/L-010 which entered into force in November 2016: http://bit.ly/2gbNoCë 89 UNMIK Regulation 2006/10: http://bit.ly/2bjGxdb and 2006/50: http://bit.ly/2aMnP83 90 Law Nr. 03/L-079: http://bit.ly/2aMnT7K amending UNMIK Regulation 2006/50 and Law Nr. 04/L-115 amending and supplementing laws related to ending supervision of Kosovo’s independence: http://bit.ly/2b83fA8 91 Article 3 of the Law Nr. 03/L-079 amending UNMIK Regulation 2006/50.

http://bit.ly/2gbNoCw

http://bit.ly/2bjGxdb

http://bit.ly/2aMnP83

http://bit.ly/2aMnT7K

http://bit.ly/2b83fA8

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of Property Claims Commission and the Supervisory Board. Kosovo Property Agency through

the Executive Secretariat has the competence to receive and register and, through the Property

Claims Commission, settle property claims related to the war, including circumstances that are

directly related to them or are a result of the war that occurred between 27 February 1998 and 20

June 1999.92

There is no specific article defining reporting of the agency to the Assembly of Kosovo with the

exception of articles that define composition of the Board and appointment of members of the

Board and other bodies by the Assembly of Kosovo. In practice, the Director of the Kosovo

Property Agency reports to the Board while the Board prepares annual report which is sent to

Assembly and reports through the Committee on Immunities, Rules of Procedure and Oversight

of the Anti-Corruption Agency. Kosovo Property Agency has published annual reports from

2006 to 2015. 93 According to Article 5, the Board of the Kosovo Property Agency consists of

five (5) members appointed by the Assembly upon the proposal of the Prime Minister; Executive

Secretariat has a director and deputy director who are also appointed by the Assembly upon

proposal of the Prime Minister; Property Claims Commission consists of three (3) members

appointed by the Assembly upon the proposal of the President of the Supreme Court of

Kosovo.94 The role of chief administrative officer is exercise by the executive director of the

Executive Secretariat of the Kosovo Property Agency. Apart from the Regulation 2006/50 which

defines a one-year term for members of the Board and which can be extended, applicable

legislation which amended and supplemented this regulation, has not specified the term of office

of Board members, Executive Secretary and Property Claims Commission. Structural levels in

the Kosovo Property Agency are diverse and are called like team, unit, and office and there are

complex accountability lines within the structure of the agency.95 Kosovo Property Agency has

drafted a regulation on internal organization and functioning and systematization of jobs and has

forwarded it to the MPA for approval in 2012, but no reply has been received from the MPA

yet.96

Kosovo Property Agency has independent budget line approved by the Assembly of Kosovo.

The agency's budget, number and categories of employees 2013-2016 are shown in the table

below:

Subject 2013 2014 2015 2016

Budget 1,782,771 1,782,000 1,970,477 2,000,682







92 Regulation 2006/50, Article 3, Responsibilities of Kosovo Property Agency. 93 Annual reports: http://bit.ly/23RJ1zX 94 Law Nr. 04/L-115 amending and supplementing law related to Ending Supervised Independence of Kosovo. 95 Organisational chart of Kosovo Property Agency: http://bit.ly/1VcQ3h5 96 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 8: http://bit.ly/2c1E1bv

http://bit.ly/23RJ1zX

http://bit.ly/1VcQ3h5


83

There are 201 civil servants who are governed by the Civil Service Law, while recruitment and

dismissal of other employees is done according to rules set by the Labour Law. For salaries of

civil servants apply the rules deriving from the Law on Salaries of Civil Servants, decision of the

Assembly applies for the salaries of the Board and Labour Law for the support staff. Possible

disciplinary measures against employees are taken by the Disciplinary Commission within the

KPA while outside the institution employees can appeal to the Independent Oversight Board for

Civil Service (IOBCSK) and to the relevant court.

12. Privatization Agency of Kosovo

Privatization Agency of Kosovo (PAK) is an independent body that is established by the

Assembly. PAK has the status of a legal entity and has no authority to publish regulations and

other bylaws in the Official Gazette. PAK is established with a special law97pursuant to Article

142 of the Constitution of Kosovo, which defines the basic principles for establishment of

independent agencies. In accordance with conditions specified by law, PAK has the authority to

administer, including the authority to sell, transfer and/or liquidate enterprises and assets as

defined in the Law on PAK. Article 20 of the Law on PAK defines PAK’s reporting to the

Assembly of Kosovo and that annual report is made public through the PAK official website and

annual reports (2008-2015) have been published on its official website.98 According to Article 20

of the law establishing the PAK, the Board shall submit to the Assembly annual report and

defines what should be includes in the report, and paragraph 2 of the same article defines the

duties of Managing Director in preparing annual budget of revenues and expenditures, as well as

a work plan which includes all activities of the agency and which is sent for approval by the

Board. PAK reports to the Assembly through the Committee for Economic Development,

Infrastructure, Trade and Industry.

PAK has a Board of Directors, Managing Director and two deputy managing directors, Director

of Executive Secretariat and professional and technical personnel. Article 12 of the Law on PAK

and amendments and supplements of the basic law define the composition of the PAK Board and

other decision-making bodies. The Board consist of eight (8) directors, who are appointed by the

Assembly of Kosovo upon proposal of the Government, including a representative of non-

majority communities and a representative of the trade unions. The Assembly, upon proposal of

the Government also appoints the Chairperson of the Board from amongst the directors of the

Board. The Board holds all the powers of the PAK and appoints and dismisses a deputy

chairperson from among members of the Board, and appoints and dismisses the Managing

Director, two Deputy Managing Directors (who are not members of the Board) and Director of

the Executive Secretariat of the Board, who is also not a member of the Board. The chairperson,

deputy chairperson and director of the Executive Secretariat are appointed for a three (3) year

term, while other members for two (2) year-term. The Managing Director is the chief

administrative officer in PAK. The Board of Directors based on the Law on PAK has issued the

Regulation on procedures for recruitment, nomination and appointment of management and

Director of Executive Secretary of the Board of Directors of PAK.99 PAK internal structure is

97 Law Nr. 04/L-034: http://bit.ly/2baeiNx amended and supplemented with Law Nr. 04/L-115 on Ending Supervised Independence of Kosovo: http://bit.ly/2aM3BLn and Law Nr. 05/L-080: http://bit.ly/2aNxJcG 98 PAK annual reports: http://bit.ly/2aNFKRB 99 Regulation Nr. 01/2006 on Procedures of Recruitment, Nomination and Appointment of Management and Director of the Executive Secretariat of Board of Directors: http://bit.ly/23NMses

http://bit.ly/2baeiNx

http://bit.ly/2aM3BLn

http://bit.ly/2aNxJcG

http://bit.ly/2aNFKRB

http://bit.ly/23NMses

84

organized in departments but there is no regulation on internal organization and systematization

of jobs that shows organization and lines of accountability within the PAK.

PAK has independent budget line approved by the Assembly of Kosovo. PAK budget, number


Subject 2013 2014 2015 2016

Budget 8,048,000 11,345,873 10,211,283 8,965,168







There are 225 employees with the status of civil servants and governed by the Civil Service Law,

while recruitment and dismissal of other employees is done based on rules defined by the Labour

Law. Rules which apply for salaries derive from the Law on Salaries, Regulation on salaries

approved by the Board and Regulation on classification of jobs. Compensation for overtime

work is paid based on Civil Service Law and Law on Salaries of Civil Servants. Possible

disciplinary measures against employees are addressed by the Disciplinary Commission within

the PAK while outside the institution employees can appeal to the Independent Oversight Board

for Civil Service (IOBCSK) and to the relevant court.

13. Anti-Corruption Agency

The Anti-Corruption Agency (ACA) is an independent body established by the Assembly of

Kosovo. The Law establishing the agency does not specify whether the agency has the status of a

legal person and whether it has the authority to publish bylaws in the Official Gazette. ACA is

established with a special law100 pursuant to Article 142 of the Constitution of Kosovo. The

agency initiates and conducts the procedure of detection and preliminary investigation of

corruption and sends criminal reports on suspected cases of corruption to competent public

prosecutor’s office, if no criminal procedure is being conducted for the same case. The Agency

also develops the strategy and action plan against corruption and monitors their implementation.

Article 12 of the Law on the Establishment of ACA defines reporting of the agency through an

annual report to the Assembly of Kosovo and in practice, ACA reports to the Assembly through

the Committee on Immunities, Rules of Procedure and Oversight of Anti-Corruption Agency.

The ACA has published annual reports from 2007 to 2015 at the official website of the agency.

101 ACA is one of the few independent agencies that do not have a board and ACA is headed by a

Director who is elected by the Assembly of Kosovo through competition. Shortlisted candidates

after the application are interviewed by the relevant commission and two names with highest

score are sent by the Committee to plenary for voting. The Assembly by secret ballot and with a

majority vote shall elect one of the candidates for Director of ACA. Article 8 of Law on

establishment of ACA defines procedure of electing the director, who is elected for a term of five

years and may be re-elected for only one more term. The power of the Committee for Oversight

of ACA are defined with the Law on Establishment of ACA and under Article 14, the Committee

100 Law Nr. 03/L-159 on Anti-Corruption Agency: http://bit.ly/2bbetqI 101 Annual reports: http://bit.ly/2aRs4Be

http://bit.ly/2bbetqI

http://bit.ly/2aRs4Be

85

shall: a) review ACA reports, 2) monitor and periodically assess the performance of the Director

of the Agency, c ) initiate the procedure for selection and dismissal of the Director.

According to Article 4 of the Law on ACA, the agency proposes the budget and it has

independent budget line approved by the Assembly.

Subject 2013 2014 2015 2016

Budget 483,565 485,000 503,074 501,666







The number of employees as civil servants under the Civil Service Law is 39. Rules that apply to

salaries derive from the Law on ACA 102 and Regulation on internal organization and

systematization of jobs in ACA.103 The Law on ACA defines the salary for ACA Director while

the Regulation defines coefficients of civil servants in the ACA. Director of ACA is the chief

administrative officer and ACA is organized in the office of the director, departments, divisions

and offices for support, cooperation and information. Possible disciplinary measures against

employees are addresses by the Disciplinary Commission within the ACA while outside the

institution ACA employees can appeal to the Independent Oversight Board for Civil Service

(IOBCSK) and to the relevant court.

14. The Agency for the Management of Memorial Complexes

The Agency for the Management of Memorial Complexes (AMMC) is an independent body

established by the Assembly of Kosovo. AMMC is established by a special law104pursuant to

Article 142 of the Constitution on independent agencies; it has the status of legal person and

publishes bylaws in the Official Gazette. The agency is responsible for management of memorial

complexes declared by the decision of the Assembly as areas of special national interest and of

historic character. Based on Article 3 of the Law on AMMC, the agency reports in writing once a

year to the Assembly, but the AMMC work reports are not published in the official website of

the AMMC. AMMC reporting to the Kosovo Assembly is done through the Committee for

Agriculture, Forestry, Environment and Spatial Planning. According to Article 5 of Law on

AMMC, the Agency is headed by a Director who is elected by the Assembly of Kosovo. The

procedure for the appointment of Director is described in Article 6 of the Law on AMMC.

According to the law, the AMMC Director is elected through an open competition by the

Committee on Agriculture, Forestry, Environment and Spatial Planning which initiates

procedures six months before the expiration of mandate of incumbent director. Through the

competition, the above Committee prepares the shortlist of candidates (candidates who meet the

criteria set by law) and interviews all candidates on this list. After the interview results two of the

candidates are sent to Assembly for approval by majority vote. The candidate who wins the

102 Article 9 of the Law on Anti-Corruption Agency. 103 Regulation Nr. 01/2013 on Internal Organisation and Systematization of Jobs in Anti-Corruption Agency: http://bit.ly/25PaYu3 104 Law Nr. 04/l-146 on Agency for the Management of Memorial Complexes: http://bit.ly/1r9iyA4

http://bit.ly/25PaYu3

http://bit.ly/1r9iyA4

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majority of votes of members of the Assembly is elected Director of AMMC for a term of five

years, without the right of re-election. Internal organization of AMMC is defined by the

Regulation on internal organization and systematization of jobs.105 AMMC Director is the chief

administrative officer and AMMC has two departments: department of planning and projects and

finance and general services. The departments are divided into divisions. The internal

organization is defined by the Law on AMMC regarding the position of director, while the entire

agency is regulated by the Regulation on internal organization and systematization of jobs in

AMMC106.

AMMC has independent budget line approved by the Assembly. The agency's budget, number


Subject 2013 2014 2015 2016

Budget x107 1,167,068 2,393,308 2,438,257


Number of civil servants x 8 10 10



Number of administrative staff X 2 2 2


The number of employees with civil servant status under the Civil Service Law is 10 while the

status of political appointees is defined in the Law establishing AMMC. Salary of AMMC

Director is determined by the Assembly on the proposal of the Committee on Budget and

Finance while the rest of the staff is paid according to coefficients of civil service based on the

Law on Salaries of Civil Servants. Possible disciplinary measures against employees can be

addressed by the Disciplinary Commission within the agency, while disputes and appeals can

also be addressed by the Dispute Resolution and Appeal Commission within the agency. Outside

the institution, civil servants may appeal to Independent Oversight Board for Civil Service


15. National Agency for Personal Data Protection

National Agency for the Personal Data Protection (NAPDP) is an independent agency

established by the Assembly pursuant to Article 142 of the Constitution of Kosovo on

independent agencies. NAPDP is established with the Law on the Protection of Personal Data,108

which does not specify whether the agency has the status of a legal person and does not define if

it publishes bylaws in the Official Gazette. Agency specifically advises public and private bodies

on issues related to protection of personal data; decides on appeals of the subject of data; makes

inspections and controls and informs the public on issues and developments in the field of data

protection. According to Article 29 of the Law on Protection of Personal Data, NAPDP reports

to the Assembly of Kosovo while Article 44 specifies that the agency should submit an annual

105 Regulation 02/2014 on Internal Organisation and Systematization of Jobs in the Agency for the Management of Memorial Complexes: http://bit.ly/1U1KPUh 106 Regulation 02/2014 on Internal Organisation and Systematization of Jobs in the Agency for the Management of Memorial Complexes: http://bit.ly/1OrEU4H 107 Not included in the budget because the AMMC is established this year. 108 Law Nr. 03/L-172 on the Protection of Personal Data: http://bit.ly/1TVIfzc

http://bit.ly/1U1KPUh

http://bit.ly/1OrEU4H

http://bit.ly/1TVIfzc

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work report to the Assembly, and should publish it. NAPDP has published annual reports for the

period 2012-2015 in the official website of the agency. NAPDP reports to the Kosovo Assembly

through the Committee on Internal Affairs, Security and Supervision of the Kosovo Security

Force (KSF).

According to Article 30 of the Law on Protection of Personal Data, NAPDP is headed by the

Council which consists of the Chief National Supervisor and four National Supervisors. Chief

National Supervisor represents the agency, organizes and coordinates its work. Based on Articles

31 and 32 of the same law, the Chief National Supervisor and National Supervisors shall be

appointed by the Assembly on the proposal of the Government for a term of five years renewable

for one more term. NAPDP also has its deputy who is appointed by the Chief National

Supervisor from among National Supervisors. Besides the law for the protection of personal data

that determines the composition and mandate of the Council of NAPDP, Regulation on internal

organization and systematization of jobs in NAPDP,109 defines duties of the agency, council, and

determines internal organization and systematization of jobs. In addition to this regulation,

NAPDP has the Rules of Procedure110 which defines duties of the agency and its bodies. NAPDP

organizational structure consists of departments which are divided into divisions. Regulation on

internal organization is proposed by the Chief National Supervisor and approved by the Council

of the Agency. Director General is chief administrative officer. Divisions report to departments

and the latter report to the Director General who is held accountable by the Chief National

Supervisor.111

NAPDP has independent budget line approved by the Assembly. The agency's budget, number


Subject 2013 2014 2015 2016

Budget 372,000 396,000 349,000 354,058







There are 15 employees with civil servants status under the Civil Service Law and there are five

(5) political appointees, whose employment relationship is regulated with the Law on Protection

of Personal Data. Salary of Council members is determined by the Assembly, while salary of

civil servants is determined by coefficients. Possible disciplinary measures against employees

can be addressed by the Disciplinary Commission within the agency, while disputes and appeals

can also be addressed by the Dispute Resolution and Appeal Commission within the agency.

Outside the institution, civil servants may appeal to the Independent Oversight Board for Civil

Service (IOBCSK) and then to the relevant court.

109 Regulation 01/2013 on Internal Organisation and Systematization of Jobs in the National Agency for Protection of Personal Data: http://bit.ly/24UbS7e 110 Regulation 20/2011 on the Work of National Agency for the Protection of Personal Data: http://bit.ly/2bbK47C 111 Organisational chart: http://bit.ly/1qmPZxO

http://bit.ly/24UbS7e

http://bit.ly/2bbK47C

http://bit.ly/1qmPZxO

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16. Agency for Free Legal Aid

Agency for Free Legal Aid (AFLA) is an independent institution which reports to the Legal Aid

Council, which is established by the Assembly. AFLA has the status of legal entity and publishes

bylaws in the Official Gazette. The Law on Free Legal Aid112 pursuant to Article 142 of the

Constitution of Kosovo establishes the Council for Free Legal Aid and Agency for Free Legal

Aid (AFLA). The Council has seven members and according to Article 13, paragraph 4, it

reports to the Assembly and in practice it reports through the Committee for Mandates,

Immunities, Rules of Procedure of the Assembly and Oversight of Anti-Corruption Agency. The

agency is responsible for organizing and providing free legal aid in Kosovo. According to Article

11, paragraph 3, Council members are elected by the Assembly upon the proposal of seven

institutions in Kosovo defined in the Law on Free Legal Aid: Ministry of Justice, Ministry of

Labour and Social Welfare, Ministry for Communities and Returns, Ministry of Finance,

Chamber of Advocates, Supreme Court and three members from non-governmental

organizations that are proposed by the Council for adoption after a public call for proposals of

members of NGOs in Kosovo. Each of the seven institutions proposes three candidates who are

sent to the Assembly Committee and eventually elected by the Assembly. According to Article

15 of the Law on Free Legal Aid, Council members are elected for a term of three years without

the right of re-election. The Council has a Chairperson who shall be elected from among

members of the Council for a term of one year and a half.

AFLA consists of the Executive Director and regional offices in Kosovo. According to Article

21 of the Law on Free Legal Aid, the Director is elected by the Council for Free Legal Aid

according to the rules and procedures set out in the Law on Civil Service and for his work reports

to the Council. AFLA prepares annual reports at the request of the Council and according to

Article 13, paragraph 4, the Council reports to the Assembly once a year for the agency's work

and publishes a report in the official website of the agency. AFLA has published annual reports

from 2008 to 2015. The Executive Director is chief administrative officer in AFLA.

Based on the Article 36 of the Law on Free Legal Aid, AFLA has independent budget line,

financed from the budget of Kosovo in accordance with the Law on Public Financial

Management and Accountability. The agency's budget, number and categories of employees

2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 292,345 303,211 306,358 300,825







According to Article 18 of the Law on Free Legal Aid, Council members are paid for regular

monthly meetings, but the amount of payment is not regulated. It has 22 civil servants and salary

system for civil servants in AFLA is based on coefficients similar to the civil service. Possible

disciplinary measures against employees can be addressed by the Disciplinary Commission

112 Law Nr. 04/L-017 on Free Legal Aid: http://bit.ly/2bwEgLi

http://bit.ly/2bwEgLi

89

within the agency, while disputes and appeals can also be addressed by the Dispute Resolution

and Appeal Commission within the agency. Outside the institution, civil servants may appeal to


17. Academy of Sciences and Arts Kosovo

Academy of Sciences and Arts of Kosovo (ASAK) is an institution that is established by the

Assembly of Kosovo. ASAK has the status of legal entity and does not publish bylaws in the

Official Gazette. ASAK is established with a special law113 by the Assembly of Kosovo but in

practice it does not report to the Assembly of Kosovo. There is no article in the law on ASAK

which requires ASAK to report to the Assembly of Kosovo. ASAK prepares an annual report

which is published within the magazine "Yearbook" and made available to the public114.

According to Article 12 of the Law on the ASAK, the bodies of the institution are: the Assembly,

the Presidency and the President. The Academy Assembly is the highest decision making body

of the Academy which consists of all regular and part time members of the Academy, and is

attended by other external members, but without voting rights. The Presidency of the Academy

consists of President, Vice President, and Secretary for sciences and secretaries of the academic

sections. The Presidency of Academy reports to the Assembly and is elected for a period of five

years which may be renewed for one additional term. President of the Academy heads and

represents the Academy, and is elected by the Assembly for a term of four years which may be

renewed for one additional term. Secretary of the Academy is the chief administrative officer in

ASAK. ASAK has 19 full time members and 11 part time members. Status of a regular member

of the Academy is permanent while part-time member may be elected a person of science or art

that has created a scientific work of particular importance.

ASAK has independent budget line approved by the Assembly of Kosovo. ASAK budget,

number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 1,064,017 1,126,000 1,209,375 1,194,851







Regular and part time members of the Academy have a permanent monthly compensation set by

Government Decision no. 02/2011 2006.115This decision regulates the salary of the Secretary of

the Academy, which at the same time acts as the chief administrative officer in the Academy.

Salaries of civil servants are determined by coefficients according to the rules of civil service.

There are 16 people employed with civil servant status. Possible disciplinary measures against

employees can be taken by the Disciplinary Commission within the agency, while disputes and

appeals can also be addressed by the Dispute Resolution and Appeal Commission within the

113 Law Nr. 05/L-038 on Academy of Science and Arts of Kosovo: http://bit.ly/23xrDUd 114 ASAK’s yearbooks: http://bit.ly/2bpSKLh 115 Not found on OPM website, since decisions on this website are only from 2008 and on.

http://bit.ly/23xrDUd

http://bit.ly/2bpSKLh

90

agency. Outside the institution, civil servants may appeal to the Independent Oversight Board for

Civil Service (IOBCSK) and then to the relevant court.

18. Kosovo Competition Authority

Kosovo Competition Authority (KCA) is an independent institution established by the Assembly.

KCA has the legal entity status and publishes laws in the Official Gazette. KCA is established

with a special law, the Law on Protection of Competition116 pursuant to Article 142 which sets

the basic principles for establishment of independent agencies. According to Article 24,

paragraph 1 and article 28, paragraph 1.13, KCA is accountable to the Kosovo Assembly while

in practice KCA reports to the Assembly through the Committee for Economic Development,

Infrastructure, Trade and Industry. Reporting in the name of the KCA is done by the

Commission for Protection of Competition, which manages the KCA work. KCA annual reports

to the Assembly are not made public in the official website of the agency.

Commission for Protection of Competition is a collegial body that manages the work of KCA.

On the basis of Article 25 of the Law on Protection of Competition, the Commission consists of

five members who are selected by the Government through open competition and sent to the

Assembly for approval. The Commission is chaired by the President and in his absence, by the

deputy, who is among the five members. On the basis of Article 26, paragraph 2 of the Law on

Protection of Competition, members have a term of five years and may be reappointed for a

second term at the proposal of the Government. KCA also has a secretary who is a civil servant

and elected according to the rules of Civil Service Law for election of secretaries of ministries.

Secretary is the chief administrative officer. KCA has two departments led by directors, a

division of state aid led by chief of division and unit of personnel led by unit manager which are

of the same level as departments.117 There are officers working in departments but they are not

divided into divisions. The Regulation on internal organization is proposed by the Secretary and

approved by the KCA Commission. Regulation on organization is not public on the official

website of the KCA.

The KCA has independent budget line approved by the Assembly of Kosovo. The agency's

budget, number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 255,043 255,043 266,350 224,810







KCA has 11 staff members employed as civil servants under the Civil Service Law and their

salaries are determined with coefficients according to the civil service rules. Salary of members

of the Commission is determined by the Assembly on the proposal of the Budget and Finance

Committee of the Assembly of Kosovo. Possible disciplinary measures against employees can be

116 Law Nr. 03/L-229 on Protection of Competition: http://bit.ly/23ABf0y 117 KCA organisational chart: http://bit.ly/1U53nmQ

http://bit.ly/23ABf0y

http://bit.ly/1U53nmQ

91

addressed by the Disciplinary Commission within KCA, while disputes and appeals can also be

addressed by the Dispute Resolution and Appeal Commission within the KCA. Outside the



19. Kosovo Judicial Institute

Kosovo Judicial Institute (KJI) is an independent professional body established by the Assembly.

KJI is a legal entity but the law does not define whether KJI publishes bylaws in the Official

Gazette. KJI is established by a special law, the Law on Establishment of the Kosovo Judicial

Institute.118 KJI is responsible for training of holders and potential holders of offices in the

judiciary (judges and prosecutors), and evaluates and organizes the preparatory exam for judges

and prosecutors. This law does not regulate reporting of KJI to the Assembly of Kosovo. There is

no article which stipulates KJI’s reporting to the Assembly. However, in practice, KJI reports

annually through a written report to the Committee on Immunities, Rules of Procedure and

Supervision of the Anti-Corruption Agency. KJI prepares annual reports which are public on the

official website of the Kosovo Judicial Institute. 119

According to Article 1 of the Law on KJI, Kosovo Judicial Institute consists of two bodies: the

Managing Board and Director of KJI. According to Article 3 of the same law, the Managing

Board consists of 13 members, three are ex officio (mandatory) and nine are appointed by the

Assembly of Kosovo. The ex officio members are the Chairperson of the Judicial Council,

Chairperson of Prosecutorial Council and Director of the Department of Judicial Administration.

Members appointed by the Assembly are proposed by the following institutions: one from the

Government, two from the Supreme Court, one from Kosovo Prosecutor’s Office, one from Law

Faculty of Prishtina University, one from Judges Association of Kosovo, one from Kosovo

Prosecutors Association, one from the Kosovo Bar Association and one member from the

Kosovo Lawyers Association. The Board members have a term of two years which may be

renewed for a second term (not more than two terms). The KJI Director is appointed, reports to

and dismissed by the Board.

Managing Board approves the statute for the organization of KJI. Chief administrative officer is

Director of KJI which by statute is elected by the Managing Board under civil service rules.120

KJI is organized into the Board, the Program Council, Director, the program coordinator who

manages training programs and director of administration and finance who manages logistics,

procurement, human resources, information technology, budget and finance. 121

KJI has independent budget line approved by the Assembly. Budget, number and categories of

employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 526,089 652,922 602,608 570,384


118 Law Nr. 02/L-25 on Establishment of Kosovo Judicial Institute: http://bit.ly/1Tjpcjq 119 KJI annual reports: http://bit.ly/2bFNG7o 120 KJI Statute, article 11: http://bit.ly/1Ë6cKEf 121 KJI organisational chart: http://bit.ly/1ËQ624k 122 Not counting 13 members of the Managing Board who have the work at KJI as secondary job

http://bit.ly/1Tjpcjq

http://bit.ly/2bFNG7o

http://bit.ly/1W6cKEf

http://bit.ly/1WQ624k

92






According to Article 6 of the Law on Judicial Institute, Kosovo Judicial Institute is financed

from the Kosovo budget. The salary system for civil servants in KJI is based on coefficients for

civil service. It applies coefficients between 4 – 10, and over 10 for some specific positions.

Director has the coefficient that is equivalent to the Secretary of the Ministry. Possible

disciplinary measures against KJI employees are addresses by the Disciplinary Commission

within KJI, while disputes and appeals can also be addressed by the Dispute Resolution and

Appeal Commission within the KJI. Outside the institution, civil servants may appeal to the

Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.

20. Kosovo Council for Cultural Heritage

Kosovo Council for Cultural Heritage (KCCH) is an independent body established by the

Assembly with a special law, the Law on Cultural Heritage123pursuant to Article 142 of the

Constitution of Kosovo on the basic principles for establishment of independent agencies. The

Law does not define whether the KCCH has a legal entity status or if it has the right to publish

bylaws in the Official Gazette. The task of KCCH is to identify necessary measures for financial

support for cultural heritage each year by the Assembly of Kosovo. KCCH reporting to the

Kosovo Assembly is not regulated with the above mentioned law. However, pursuant to article 9,

paragraph 9.9124 of the statute, and Article 10, paragraph 10.3125 of KCCH Rules of procedure,

President of KCCH for his work is accountable to the Assembly of Kosovo. Moreover, according

to article 13, section 13.1 of the Statute of KCCH the Council submits annual reports to the

Assembly, or whenever it is required of him/her. The Statute and Rules of procedure are

approved by the Board of KCCH. Latest reports that have been published on the official KCCH

website are for period 2009-2010 and 2011, and it reports to the Kosovo Assembly through the

Committee on Education, Science, Technology, Culture, Youth and Sport.

According to Article 4, paragraph 4.8 of the Law on KCCH, Kosovo Council for Cultural

Heritage consists of seven members who are elected by the Assembly for a term of three years.

The law, the statute and regulations do not determine who proposes the seven members who are

elected as members of the KCCH Board. KCCH Board has a president who shall be elected by

the Board for a term of three years and who reports for his work to the Assembly of Kosovo and

two deputies with one year term elected and dismissed by the Board of KCCH. In addition to the

Board, the KCCH has a Secretariat as a supporting and professional body which is headed by the

executive manager appointed and dismissed by the Board of KCCH for a three year term with

possibility of renewal for another term. The chief administrative officer in KCCH is the Chief

Executive Officer of the Secretariat and Secretariat employees are civil servants. Article 18 of

Rules of Procedure defines the possibility of KCCH to establish independent committees and

123 Law Nr. 02/L-88 on Cultural Heritage: http://bit.ly/25dWuCT 124 KCCH statute: http://bit.ly/245OIbC 125 Rules of Procedure 01/2016 of KCCH: http://bit.ly/2c5hBC5

http://bit.ly/25dWuCT

http://bit.ly/245OIbC

http://bit.ly/2c5hBC5

93

working groups on specific issues, but does not determine the organizational structure of the

KCCH Secretariat.

KCCH has independent budget line adopted by the Kosovo Assembly. Budget, number and


Subject 2013 2014 2015 2016

Budget 161,718 161,200 198,851 196,592


Number of civil servants X x X 7

Number of political appointees X x X 7

Number of professional staff X x X X

Number of administrative staff X x X X

Number of support staff X x X X

The number of employees in KCCH with civil servant status under the Civil Service Law is

seven and their salaries are determined by coefficients according to the rules of civil service. For

the salary of the Board members is determined by the Assembly of Kosovo. Salaries of the staff

which is not in any of the categories of civil servants or political appointees, applies

Administrative Instruction 2000/2 for determining salaries of public servants. Possible

disciplinary measures against employees of KCCH are addressed by the Disciplinary Committee

within KCCH while disputes and appeals can also be addressed by the Dispute Resolution and

Appeal Commission within KCCH. Outside the institution, civil servants may appeal to the


21. Independent Oversight Board for the Civil Service

The Independent Oversight Board for Civil Service (IOBCSK) is an independent body

established by the Assembly of Kosovo with a special law, the Law on Independent Oversight

Board for Civil Service.126 Article 101 of the Constitution of Kosovo refers to the civil service

and paragraph 2 of this article defines the functioning of an Independent Oversight Board for

Civil Service. The law establishing IOBCSK does not define whether the Council has the status

of a legal entity or whether it publishes bylaws in the Official Gazette. However, according to

Article 19, paragraph 2 of Law IOBCSK annual report is published in the Official Gazette of

Kosovo. IOBCSK has the following functions: 1) to review and take decisions on appeals of civil

servants against decisions of employing authorities in all institutions of the civil service, 2)

decide whether the appointments of civil servants in senior management are done in accordance

with the Law on Civil Service and 3) oversee the implementation of the Civil Service Law.

According to Article 19, paragraph 1, IOBCSK presents an annual report to the Assembly and

sends a copy of such report to the Prime Minister of Kosovo for information. In practice,

IOBCSK reports to the Assembly through the Committee on Public Administration, Local

Government and Media. IOBCSK reports are published on its official website127.

According to Article 4 of the Law on IOBCSK, the Council consists of seven members who are

appointed by the Assembly on the basis of open and transparent procedures. Members of the

Council are selected through competition announced by the Assembly and candidates who have

126 Law Nr. 03/L-192 on Independent Oversight Board for the Civil Service: http://bit.ly/1RYvtOT 127 IOBCSK annual reports: http://bit.ly/2cozwbo

http://bit.ly/1RYvtOT

http://bit.ly/2cozwbo

94

applied and qualified based on the criteria set by law, are interviewed by an ad-hoc committee of

the Assembly of Kosovo. After the interview, the committee recommends two candidates for

each position to be voted in the Assembly who will be elected by a majority vote of all deputies

of the Assembly of Kosovo. Members of the Council are elected for a term of five years with the

possibility of re-election for a second term only. President of the Council is elected from among

the members of the Council for a two-year term. According to Article 20 of the Law on

IOBCSK, the Council has a Secretariat which is led by an executive director who for his work

reports to the President of IOBCSK. Director and employees of the Secretariat are civil servants.

The Council adopts the Rules of Procedure and the Code of Ethics. Chief administrative officer

is Executive Director. The IOBCSK Secretariat is organized into the office of the Director,

which consists of five officers, department of finance and general services which consists of the

head of department and six officers and division of professional support consisting of the head of

division and six senior officials for professional cooperation. The Head of the department and

chief of division report to the Executive Director.128

IOBCSK has independent budget line approved by the Assembly of Kosovo. Budget, number


Subject 2013 2014 2015 2016

Budget 251,716 259,500 282,303 307,734







The total number of employees in IOBCSK is 26 divided into civil servants (19) and those

elected by the Assembly (7). IOBCSK salary system is determined with coefficients for civil

servants. The lowest coefficient is six while the highest is 20 (Director). Salaries of Council

members are determined with a decision of the Assembly in the absence of the Law on Salaries

of Public Officials. Possible disciplinary measures against IOBCSK employees are addressed by

the Disciplinary Committee within IOBCSK, while disputes and appeals can also be addressed

by the Dispute Resolution and Appeal Commission within IOBCSK. Outside the institution, civil


the relevant court.

22. Independent Commission for Mines and Minerals

The Independent Commission for Mines and Minerals (ICMM) is an independent body

established by the Assembly with a special law, the Law on Mines and Minerals,129 pursuant to

article 119, paragraph 5 and 142 of the Constitution of Kosovo. The establishment law does not

specify if the ICMM has the status of a legal entity or whether it publishes bylaws in the Official

Gazette. ICMM has the authority and responsibility to ensure: 1) exploration and regular

exploitation of mineral resources in Kosovo and 2) overall consistency of mining activities with

this law and conditions of licenses and permits issued by the ICMM. According to Article 58 of

128 Regulation 01/2016 on internal organisation and systematization of jobs in IOBSC: http://bit.ly/2bR9Ovo 129 Law Nr. 03/L-163 on Mines and Minerals: http://bit.ly/1IMZv2c

http://bit.ly/2bR9Ovo

http://bit.ly/1IMZv2c

95

the Law on Mines and Minerals, ICMM prepares and submits annual work report to the

Assembly. Annual reports are not published in the official website of the ICMM.

According to Article 59 of the Law on Mines and Minerals, ICMM is governed by a Board

consisting of five members who are elected on the basis of a public competition. With the

decision of the Government, the Office of Prime Minister announces the competition for ICMM

board members and creates an ad-hoc committee to review the candidacies for members of

ICMM. This committee selects two candidates for each vacancy and submits them to the

Government, and Government sends them to the Assembly for appointment. Their term is four

years with the right of reappointment for a second term. The Board has a Chairman who

organizes the work of the Board. ICMM has also a Director who is elected by the Board of

ICMM based on the results of an open competition of the ICMM for a three year term. The

Director is the chief administrative officer and is elected according to procedures of the Civil

Service Law on senior management positions.

ICMM has independent budget line approved by the Assembly of Kosovo. Budget, number and


Subject 2013 2014 2015 2016

Budget 1,805,064 1,835,064 1,275,717 1,306,628







Salaries are determined with coefficients ranging from six to ten, and 20 for the director and

chief inspector. These coefficients are equivalent to coefficients in the ministries. While for the

board, salaries are determined with decision of the Assembly.130 Possible disciplinary measures

against employees in ICMM are addressed by the Disciplinary Committee within ICMM, while

disputes and appeals can also be addressed by the Dispute Resolution and Appeal Commission

within the ICMM. Outside the institution, civil servants may appeal to the Independent Oversight

Board for Civil Service (IOBCSK) and then to the relevant court.

23. Procurement Review Body

Procurement Review Body (PRB) is an independent body established by the Assembly with the

Public Procurement Law. The PRB has the status of a legal entity and does not publish bylaws in

the Official Gazette. PRB is responsible for implementing procurement review procedures under

the Law on Public Procurement. Upon receiving a written request from the contracting authority

indicating that economic operator has submitted false data or forged documents, PRB is obliged

and has the authority to review and disqualify that economic operator from participation in

public procurement for a period of up to one year. According to Article 120, the PRB reports

annually to Kosovo Assembly. Annual report to the Kosovo Assembly is submitted through

130 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 62: http://bit.ly/2c1E1bv


96

Budget and Finance Committee of the Assembly of Kosovo. The PRB annual reports are made

public in the official website of the institution.131

According to article 100 of Law 05/ L-092 on amending and supplementing the Law on Public

Procurement, the PRB Board consists of five members appointed for a period of five years with

no right of re-appointment. Assembly proposes to the Government two candidates for the

position of Chairman of the Board and at least two candidates for each vacant position for

member of PRB. The proposed candidates are interviewed by an independent selection body

which makes the selection of candidates based on their scores and based on merit. The

independent selection body is established by the Assembly of Kosovo and is composed of three

judges of the Kosovo Judicial Council. Based on the regulation on internal organization132the

PRB has a Secretariat which consists of three divisions, a section and chief of personnel. The

Secretariat is headed by Head of the Secretariat who is elected according to procedures

prescribed in the Civil Service Law for the selection of senior management officials and is

appointed by the PRB Board. The head of PRB is Chairman of the PRB Board whereas the chief

administrative officer is the Head of the Secretariat. Reporting hierarchy is the official reports to

the Chief of Division and this in turn to the Head of the Secretariat and the latter to the Board

and Chairman of PRB.

PRB has independent budget line approved by the Assembly of Kosovo. Budget, number and


Subject 2013 2014 2015 2016

Budget 304,375 314,400 319,071 329,883







Civil servants are paid based on coefficients according to the rules of civil service while the

Chairman of the Secretariat has the equivalent salary with the Secretary of the Ministry. The

salary of the Chairman and Board members is determined by the Board. In the case of employees

who are not civil servants applies Administrative Instruction 2000/2. Possible disciplinary

measures against employees of PRB are addressed by the Disciplinary Commission within the

PRB, while disputes and appeals can also be addressed by the Dispute Resolution and Appeal

Commission within PRB. Outside the institution, civil servants may appeal to the Independent

Oversight Board for Civil Service (IOBCSK) and then to relevant court.

24. Elections Complaints and Appeals Panel

Election Complaints and Appeals Panel (ECAP) is an independent body established by the

Assembly of Kosovo with the Law on General Elections in Kosovo. ECAP has the status of a

legal entity and the Law on General Elections does not define whether ECAP publishes bylaws

131 PRB annual reports: http://bit.ly/2c3Cj7t 132 Regulation Nr. 01/2015 on internal organisation and systematization of jobs in Procurement Review Body: http://bit.ly/1TtF5xO

http://bit.ly/2c3Cj7t

http://bit.ly/1TtF5xO

97

in the Official Gazette. ECAP is a permanent independent body competent to decide on

complaints and permitted appeals concerning the electoral process as stipulated by law and

electoral rules. In the Law on General Elections there is no article which stipulates reporting of

ECAP to Kosovo Assembly. ECAP together with its Secretariat drafts annual report which is

approved in the Panel and published in its official website.133

According to Article 9 of the Law on Amending and Supplementing the Law on General

Elections134 President of the Supreme Court appoints the Chairman of ECAP from among the

judges of the Supreme Court and the members from among judges of district courts. ECAP

consists of 10 members including the chairperson who are appointed for a four year term. The

ECAP has a Secretariat that prepares the work of ECAP and is led by a head under the direction

of Chairperson of ECAP. Head of Secretariat is chief administrative officer, while the institution

is led by chairperson of the Panel. ECAP has a work regulation135which is approved by the Panel

and the Chairperson of the ECAP. The Secretariat of ECAP consists of office of the head of

Secretariat which includes the chairperson and executive assistant, department of finance and

general services, consisting of four civil servants including the director of the department, legal

department, consisting of four civil servants, director of department and three senior legal

officials. 136 The reporting hierarchy is from the department to the head of the Secretariat and the

latter to the chairperson of the panel. Since, the panel and its chairperson are appointed by the

President of the Supreme Court, the panel and chairperson are accountable to the President of the

Supreme Court.

ECAP has an independent budget line approved by the Kosovo Assembly. According to Article

123 of the Law on General Elections, ECAP Secretariat has an annual budget allocated from the

Kosovo budget, based on a draft budget submitted by the President of the Supreme Court.

Budget, number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 268,986 269,000 266,413 210,299







There are nine employees with civil servant status and they are paid according to the rules

defined in the civil service. The work that Panel members perform in ECAP is as a secondary job

and with a decision of the Government, Chairman of the panel and the other nine members

receive secondary salaries in ECAP, and they receive primary salary at courts from which they

come from. Possible disciplinary measures against employees in ECAP are addressed by the

Disciplinary Commission within ECAP while disputes and appeals can also be addressed by the

133 ECAP annual reports: http://bit.ly/2bREF98 134 Law Nr. 03/L-256 amending and supplementing the Law Nr. 03/L-073 on General Elections in Kosovo: http://bit.ly/2bYkOnt 135 ECAP Rules of procedure: http://bit.ly/2bQQUWd 136 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 75: http://bit.ly/2c1E1bv

http://bit.ly/2bREF98

http://bit.ly/2bYkOnt

http://bit.ly/2bQQUWd


98

Dispute Resolution and Appeal Commission within the ECAP. Outside the institution, civil


the relevant court.

25. Radio Television of Kosovo

Radio Television of Kosovo (RTK) is a public broadcaster with status of independent public

institution established by the Assembly with a special law, the Law on Radio Television of

Kosovo.137 RTK has the status of a legal entity but it is not defined in the law whether RTK

publishes bylaws in the Official Gazette. According to article 21, section 6.1 of the Law on RTK,

RTK submits to the Assembly its annual report on activities no later than March 31 and its

proposal for next year's budget no later than 30 October. Further, according to Article 38,

paragraph 4, RTK shall send annual report for orientation purposes to the Kosovo Assembly.

RTK publishes annual work report in the official website of the institution.138 In practice, RTK

reports to the Assembly through the Committee for Public Administration, Local Government

and Media.

According to Articles 24 and 25 of the Law on RTK, governing and orientation bodies of RTK

are the Board and Director General. The Board is a collegial managing body composed of 11

members. According to Article 26, members of the Board are appointed by the Assembly of

Kosovo through a competition which is announced by RTK. Five days after the closing of

competition, all applications are sent to the Assembly for the ad-hoc commission created for

their review. The Commission interviews applicants in the period set by law and proposes two

candidates for each position to be voted in the Assembly. Four members of the Board have a

term of two years, four other members are with term of three years and three members are with a

term of four years. The Board has a chairperson and deputy chairperson with a two-year term

while the board members have a term of three years with the possibility of reappointment for a

second term. According to Article 32, Director General is appointed by the Board and is elected

to this position through public competition. Deputy Director is also appointed by the Board

through public competition and on the recommendation of the Director General. RTK is

managed by the Board while Director General is chief administrative officer. RTK has issued the

Regulation on internal organization139 and Regulation on systematization of jobs140approved by

the RTK Board.

According to Article 21 of the Law on RTK, RTK financing sources are: subscription, the

founder, self-funding from its own economic activity, and other sources defined in the law. Since

RTK has not yet found a mechanism for collection of subscription, the Assembly is the main

financier of RTK. Budget and number of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 8,561,000 8,848,000 9,768,500 9,600,000

Number of employees x X X 701



137 Law Nr. 04/L-046 on Radio Television of Kosovo: http://bit.ly/1YcYlUY 138 RTK annual reports: http://bit.ly/2c9g95M 139 Regulation on internal organisation: http://bit.ly/1S50roG 140 Regulation on systematization of positions: http://bit.ly/1paJfCr

http://bit.ly/1YcYlUY

http://bit.ly/2c9g95M

http://bit.ly/1S50roG

http://bit.ly/1paJfCr

99

Number of professional staff x x X x

Number of administrative staff x x X x

Number of support staff x x X x

The status of employees is public servants and their working relationship is regulated by the

Labour Law and other internal regulations of RTK. Salaries in RTK are regulated with

methodology for determining the complexity of jobs.141 It is not known who addresses possible

disciplinary measures within RTK but outside the institution, RTK public servants can address to

the Labour Inspectorate and the relevant court.

26. Kosovo Pension Savings Trust Fund

Kosovo Pension Savings Trust (KPST) Fund is an independent institution established by the

Assembly of Kosovo with a special law, the Law on Kosovo Pension Funds.142 KPST has the

status of legal entity and is not defined in the law whether KPST publishes bylaws in the Official

Gazette. KPST is an independent legal entity under the supervision of the Central Bank of

Kosovo established for the sole purpose of administering and managing individual accounts for

savings pensions, assuring prudent investment and custody of pension assets. According to

Article 4, paragraph 4:18 of the Law on Pension Funds, the Governing Board presents an annual

report to the Assembly of Kosovo no later than five months after the end of the calendar year. In

practice, KPST reports to the Assembly of Kosovo through two committees, Budget and Finance

Committee and Committee on Supervision of Public Finance. KPST publishes annual reports in

the institution’s official website.143

According to Article 4, paragraph 4.3, KPST is governed by a Board consisting of eight

members. Members of the Board are proposed to the Assembly by a selection committee

consisting of the Governor of CBK, Auditor General and Minister of Finance. The Assembly

appoints members of the Board for a term of three years, including the Chairperson, based on

recommendations of selection committee and after consultation with the Government. KPST is

organized in the following structure: the Board of Directors under which there are four

committees and two deputy managing directors. There is a number of units under the Deputy

Director divided into two categories: finance and IT and operations. Legal issues, procurement

and public relations are directly under the Managing Director.144 Chief administrative officer is

the managing director who is recruited through public competition.

According to the Law on Pension Funds of Kosovo, Article 4, paragraph 4:15, Chairperson of

the Board shall be in charge for preparation of annual budget of the Fund and presents it to the

Board for adoption. KPST budget is not part of the general budget and annual budget allocation

for KPST is not known. Based on the preliminary reports, KPST in 2016 has eight political

appointees by the Assembly and 26 public servants.

Subject 2013 2014 2015 2016

Budget X x x x

Number of employees X x x 34


141 Methodology for determining the complexity of jobs: http://bit.ly/1ËaUh7K 142 Law Nr. 04/L-101 on Kosovo Pension Funds: http://bit.ly/1Uj0Oxt 143 KPST annual reports: http://bit.ly/1NCDU2o 144 KPST organisational chart: http://bit.ly/2cdkPr5

http://bit.ly/1WaUh7K

http://bit.ly/1Uj0Oxt

http://bit.ly/1NCDU2o

http://bit.ly/2cdkPr5

100


Number of professional staff X x x x

Number of administrative staff X x x x

Number of support staff X x x x

KPST employees are not civil servants but public servants (26) and eight members of the

Governing Board. Salaries in KPST are determined with grades and levels according to the

internal organization, policies and procedures of KPST. Grades and levels differ from the

coefficients applied in civil service. Levels start from 1 to 46. The legal basis for this regulation

is the Law on Pension Funds of Kosovo.145 KPST has established internal appeals committee

which consists of members of the KPST Management Board. Since KPST employees are not

civil servants, the employees do not have the right of appeal to IOBCSK but only to Labour

Inspectorate and to the relevant court.

27. Civil Aviation Authority

Civil Aviation Authority (CAA) is an independent constitutional and regulatory agency

established by the Assembly. The law on establishment of CAA does not define whether this

agency has the legal entity status and whether it publishes laws in the Official Gazette. CAA was

established by a special law, the Law on Civil Aviation 146according to Article 130 of the

Constitution of Kosovo. CAA is responsible for the regulation of civil aviation safety and

economic regulation of airports and air navigation services in Kosovo. Pursuant to Article 14,

paragraph 2 of the Law on Civil Aviation, CAA is headed by Director General who is appointed

by the Government (Article 20, paragraph 3). Based on Article 16 of the same law, CAA has a

Board which has an oversight role, and which does not work full time and meets once in three

months. Then, based on Article 26, the Director General is accountable to the Assembly of

Kosovo. According to Article 15, paragraph 2, no later than March 31 of each calendar year, the

Director General must provide to the Board, Ministry, Government and Assembly a

comprehensive annual report which should contain detailed information about activities during

previous calendar year. CAA reports to the Assembly of Kosovo through the Committee for

Economic Development, Infrastructure, Trade and Industry. CAA annual reports are published in

its official website147.

Director General and the CAA Board are elected as follows: Minister of Infrastructure selects

CVs of people who apply for the position of Director General and submits to Government

proposals of candidates with recommendations for each candidate. Government upon the

recommendation of the Minister appoints one of the candidates for the CAA Director General for

a five-year term, with possibility of reappointment for one additional term of the same duration.

The CAA Board consists of five members who are appointed by the Government upon proposals

and advice of the Minister of Infrastructure. The term of the Chairman and first member of the

Board is two years, while term of other three members is four years. The Director General is the

chief administrative officer and CAA is organized into departments which are defined by the

Regulation on internal organization and systematization of jobs at CAA adopted by the Director

145 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 79: http://bit.ly/2c1E1bv 146 Law Nr.03/L-051 on Civil Aviation: http://bit.ly/1qBfUSO 147 Annual reports: http://bit.ly/1SgeKTX


http://bit.ly/1qBfUSO

http://bit.ly/1SgeKTX

101

General.148According to the CAA organization structure, departments are led by directors who

report to general director, and in departments there are officers, but no divisions. Within the

office of the Director General there is an office for quality and safety and aviation legal affairs

office149.

CAA has an independent budget line approved by the Assembly of Kosovo. Budget, number and


Subject 2013 2014 2015 2016

Budget 782,881 783,000 924,836 925,274






Number of support staff x x x 0

There are 27 employees with civil servant status under the Law on Civil Service in the CAA.

Based on Article 16.8 of the Law on Civil Aviation, the CAA board members will be

compensated for their services. The amount of such compensation shall be determined by the

Government in accordance with bylaws of Government regulating the issue of compensation and

this compensation will be paid out of revenues dedicated for the CAA. Based on Article 20.2 of

the same law, government determines the compensation payable to the Director General and this

is done with a Government decision when Director General is appointed by the Government.

Then, based on Article 24.2, the Director General determines the level of salaries for

professional staff members of the CAA. CAA salary system is with different coefficients which

are only applied in AAC.

Possible disciplinary measures against CAA employees are addressed by the Disciplinary

Commission within the CAA, while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within the CAA. Outside the institution, civil servants may


court.

28. Regulatory Authority of Electronic and Postal Communications

Regulatory Authority of Electronic and Postal Communications (RAEPC) is the regulatory

institution in Kosovo established by the Assembly of Kosovo. RAEPC has the status of a legal

person and publishes bylaws in the Official Gazette. RAEPC is established with the Law on

Electronic Communications150 based on Article 142 of the Constitution of Kosovo, which sets

the basic principles for establishment of independent agencies. RAEPC is national regulatory

authority in the field of electronic communications and postal services that implements national

policies and strategies of electronic communications sector as stipulated by the Ministry. Based

on Article 11 of the Law on Electronic Communications, RAEPC reports annually to the

Assembly of Kosovo. RAEPC publishes annual reports and in the official website are published

148 Regulation on internal organisation and systematization of jobs in CAA: http://bit.ly/1NwZ50E 149 Organisational chart: http://bit.ly/1U1ZAGC 150 Law Nr. 04/L-109 on Electronic Communication: http://bit.ly/1TfqtrG

http://bit.ly/1NwZ50E

http://bit.ly/1U1ZAGC

http://bit.ly/1TfqtrG

102

reports for the period 2006-2014.151 In practice RAEPC reports to the Assembly of Kosovo

through the Committee for Economic Development, Infrastructure, Trade and Industry.

Based on Article 78 of the Law on Electronic Communications, RAEPC is managed by a Board,

which consists of five members, one of whom is the chairperson, selected by the Government

upon proposal of the Minister and appointed by the Assembly. The mandate of members of the

Board is five years and they may be reappointed for a second term. Chairman of the Board is the

chief administrative officer while besides the Board RAEPC is organized into the office of the

Chairman and three functional categories: legal and regulatory functions (four departments and a

section), support administrative functions (a department and two offices) and technical support

functions (two units and a centre).152 RAEPC does not have a regulation on internal organization

and systematization of jobs, but has an internal regulation that defines organization of this

authority. This regulation is approved by the board and is not sent to MPA for approval.

RAEPC has independent budget line approved by the Assembly. Budget, number of employees

and categories of workers 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 1,090,188 1,209,200 756,301 796,568







According to the Law on Electronic Communications, the Board members are paid under the

scheme of wages and salaries for members of independent boards approved by the Assembly of

Kosovo, while the status of professional staff is regulated by the Civil Service Law and they are

paid under the Law on Salaries of Civil Service. But since there is no salary scheme for members

of independent boards the salary scheme for members of the RAEPC board is defined as

equivalent to basic salary of MPs from the Committee on Budget and Finance. However, since

the Law on Salaries of Civil Servants is not being implemented, civil servants are paid with a

special salary system, which is based on coefficients that are different from those of civil

servants in the executive. These coefficients are determined based on job descriptions and duties

and are approved by the board.153

Possible disciplinary measures against employees are addressed by the Disciplinary Commission

within the RAEPC, while disputes and appeals can also be addressed by the Dispute Resolution

and Appeal Commission within the RAEPC. Outside the institution, civil servants may appeal to


151 RAEPC annual reports: http://bit.ly/1TgMRRt 152 Organisational chart: http://bit.ly/1qvJXuU 153 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 27: http://bit.ly/2c1E1bv

http://bit.ly/1TgMRRt

http://bit.ly/1qvJXuU


103

29. Railway Regulatory Authority

Railway Regulatory Authority (RRA) is an independent regulatory body established by the

Assembly of Kosovo. RRA has the status of legal person and publishes bylaws in the Official

Gazette. RRA is established with a special law, the Law on Kosovo Railways154 pursuant to

Article 142 of the Constitution of Kosovo, which defines the basic principles for establishment

of independent agencies. According to Article 38, paragraph 4, RRA reports upon request and at

least once a year to the Assembly of Kosovo, while in practice reporting is done through the

Committee for Economic Development, Infrastructure, Trade and Industry. RRA makes annual

reports public and it has published reports for 2010-2015 in the official website.155

Based on Article 38, paragraph 6.1 of the Law on Kosovo Railways, RRA is supervised by a

Board who has no executive powers. The Board consists of five members, one of whom is

appointed Chairperson of the Board, while four members are proposed by the Government on the

recommendation of the Ministry and appointed by the Assembly. Members of the Board are

appointed for a five-year term with possibility of reappointment for a second term. The fifth

member of the Board is the Director General who is the Chief Executive Officer of RRA.

Director General is elected and dismissed by the Board in accordance with applicable legislation

on civil service and is the chief administrative officer. RRA is organized into four professional

and two administrative departments, and administration and finance and it has a procurement

division. Departments and division report to the Director General while the latter reports to the

RRA Board.

RRA has independent budget line approved by the Assembly of Kosovo. Budget, number and


Subject 2013 2014 2015 2016

Budget 354,164 264,200 325,421 293,623







There are 17 civil servants in RRA that are governed under the Civil Service Law. Salaries for

civil servants are regulated with coefficients which are equivalent to coefficients in the

executive. Compensation for members of the Board is determined by the Budget and Finance

Committee and submitted to the Assembly for approval. The Director General, who according to

the Law on Railways is the fifth member of the Board, receives 50% of the compensation of

other members in addition to the basic salary that he/she receives under the Civil Service Law. 156

Possible disciplinary measures against employees are addressed by the Disciplinary Commission

within the RRA, while disputes and appeals can also be addressed by the Dispute Resolution and

154 Law Nr.04/L-063 on Railways: http://bit.ly/29DC1Cf 155 RRA annual reports: http://bit.ly/2bdMcid 156 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 29: http://bit.ly/2c1E1bv

http://bit.ly/29DC1Cf

http://bit.ly/2bdMcid


104

Appeal Commission within the RRA. Outside the institution, civil servants may appeal to the


30. Water Service Regulatory Authority

Water Services Regulatory Authority (WSRA) is an independent regulatory institution

established by the Assembly of Kosovo. It is not defined by law if WSRA has the status of legal

entity and it does not publish bylaws in the Official Gazette. WSRA is established by a separate

law, the Law on Regulation of Water Services157 pursuant to Article 142 of the Constitution of

Kosovo, which defines the basic principles for establishment of independent agencies in Kosovo.

WSRA is responsible for regulating activities of all water service providers through licensing,

setting service tariffs, setting service standards, supervision of those standards, etc. Based on

Article 10 of the Law on Regulation of Water Services, WSRA is accountable to the Assembly

of Kosovo and reports to Assembly at least once a year. In practice, WSRA reports to the

Assembly of Kosovo through the Committee for Agriculture, Forestry, Environment and Spatial

Planning. WSRA publishes annual reports and reports for the years 2008-2015 are published in

its official website158.

Based on Article 5 of the Law on Regulation of Water Services, WSRA has a director, deputy

director, professional staff and employees. Under Article 6, WSRA is led by the Director and in

his absence, Deputy Director. According to Article 7, the Director and deputy director are

selected through open competition and the procedure for their election begins six months before

the expiration of the term of current Director and Deputy Director. The competition is announced

by the relevant Assembly Committee which, upon completion of the first phase, interviews

applicants who meet the criteria set by law. For each position the Committee proposes two

candidates from whom the Assembly by a majority vote shall elect two proposed candidates for

positions of Director and Deputy Director. The term for both these positions is for five years

with the possibility of re-election for a second term only. WSRA is organized into four

departments that are headed by chairpersons and in which there are only officers but not

divisions. The Director is the chief administrative officer in WSRA.159

WSRA has independent budget line approved by the Assembly of Kosovo. Budget, number and


Subject 2013 2014 2015 2016

Budget 328,619 359,000 382,280 358,734







Salaries at WSRA are fixed and this issue is defined in the decision of the Budget and Finance

Committee of the Assembly of Kosovo in 2009. Fixed salaries apply to all employees including

157 Law Nr. 05/L-042 on Regulation of Water Services: http://bit.ly/1sOBBQr 158 WSRA annual reports: http://bit.ly/1XkczGi 159 WSRA organisational chart: http://bit.ly/1sOG8Cs

http://bit.ly/1sOBBQr

http://bit.ly/1XkczGi

http://bit.ly/1sOG8Cs

105

the Director and Deputy Director of WSRA. Possible disciplinary measures against employees

are addressed by the Disciplinary Commission inside WSRA, while disputes and appeals can

also be addressed by the Dispute Resolution and Appeal Commission within WSRA. Outside the



31. Public Procurement Regulatory Commission

Public Procurement Regulatory Commission (PPRC) is an independent regulatory agency

established by the Assembly of Kosovo with the Law on Public Procurement160 pursuant to

Article 142 of the Constitution of Kosovo on independent agencies. PPRC has the status of

public authority and budget organization and does not publish bylaws in the Official Gazette.

PPRC is responsible for development, operation and overall supervision of public procurement

system in Kosovo. According to Article 87, section 2.13 of the Law on Public Procurement,

PPRC for each calendar year shall prepare and submit to the Government and the Assembly an

annual report analyzing public procurement activities together with a number of

recommendations for improving public procurement system in Kosovo. Annual reports of PPRC

are made public in the official website of institution. 161

According to Article 89 of the Law on Public Procurement, PPRC is led by the Commission

consisting of three members proposed by the Government and appointed by the Assembly with a

five year term, who can be reappointed for one additional term. One of the members of PPRC is

PPRC President who leads, represents, organizes work and is the chief administrative officer of

the PPRC. President of the Board authorizes two other board members to be heads of

departments of PPRC, while these departments also have coordinators. The internal organization

of the PPRC is regulated in departments. PPRC has a total of four departments: rules department,

information department, training department and department for supervision and monitoring162

Departments do not have directors but are headed by coordinators and two board members who

are assigned to do this work by the President of the PPRC.

PPRC has independent budget line approved by the Kosovo Assembly. Budget, number and


Subject 2013 2014 2015 2016

Budget 327,365 1,426,037 913,363 775,466







After the establishment of the PPRC in 2005, the Board addressed to the Assembly in order to

regulate salaries in this institution. PPRC is one of the few institutions where the highest

160 Law Nr. 04/L-042 on Public Procurement: http://bit.ly/1sH3IAW 161 PPRC annual reports: http://bit.ly/2bMWg1Y 162 GAP Institute, Independent Institutions and Agencies: Employment Relationships, Salary System, Internal Organisation and Accountability, f. 67: http://bit.ly/2c1E1bv

http://bit.ly/1sH3IAW

http://bit.ly/2bMWg1Y


106

coefficient is 9. The PPRC Board has addressed to the Budget and Finance Committee a request

to increase coefficient but no such thing happened. Officials have coefficient 7, procurement

experts and senior officers have coefficient 8, while department coordinators have the highest

coefficient 9. Even the salary of Board members is determined by the Assembly of Kosovo.

Possible disciplinary measures against PPRC employees are addressed by the Disciplinary

Commission within PPRC, while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within the PPRC. Outside the institution, civil servants may


court.

32. Energy Regulatory Office

Energy Regulatory Office (ERO) is an independent regulatory agency established by the

Assembly of Kosovo with a special law, Law on Energy Regulator163 which could be based on

Article 119, paragraph 5 and Article 142 of the Constitution of Kosovo. The relevant law does

not define if ERO has the status of legal entity and if it publishes bylaws in the Official Gazette.

According to Article 10 of the relevant law, the Chairperson of the Board of ERO sends to the

Assembly of Kosovo an annual report, no later than three months after the end of the calendar

year. Also, according to paragraph 2 of the same article, Assembly of Kosovo through the

relevant functional committee whenever it deems necessary, may request the Chairperson of the

Board to report. In practice, ERO reports to the Assembly of Kosovo through the Committee for

Economic Development, Infrastructure, Trade and Industry. ERO annual reports are published in

the official website of the institution.164

According to Article 5 of the relevant law, ERO is governed by the Board consisting of five

members, one of whom is elected as chairperson. Members of the Board are elected through

open competition announced by the Ministry of Economic Development and after preparing the

shortlist, the Government sends to the Assembly at least two candidates for each position for a

vote in the Assembly. The term of board members is five years with the possibility of

reappointment for a second term. The chairperson of the Board is chief administrative officer and

represents ERO before third parties. ERO is organized in three levels: the Board, managing

director and five departments. At the level of departments there is a unit of general

administration. Departments are not divided into divisions but consist only of individual

positions within them.165

ERO has independent budget line approved by the Kosovo Assembly. According to Article 19 of

the Law on ERO, taxes collected by ERO related to licensing and other activities will be

dedicated revenues of ERO. According to Article 22, paragraph 2, ERO will propose and send

the annual budget in accordance with the Law on Public Financial Management and

Accountabilities. Budget and number of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 684,456 674,456 682,206 743,516


163 Law Nr. 05/L-084 on Energy Regulatory: http://bit.ly/2bHUpZ9 164 ERO annual reports: http://www.ero-ks.org/ 165 ERO organisation chart: http://bit.ly/285fi9G

http://bit.ly/2bHUpZ9

http://www.ero-ks.org/

http://bit.ly/285fi9G

107






ERO employees are not civil servants and according to the budget ERO has a total of 33

employees, 28 of which are public servants and five are appointees as ERO Board members and

chairperson by the Assembly of Kosovo. According to Article 8 of the Law on ERO, salaries of

chairperson and members of the Board are determined by the Assembly until the adoption of the

relevant law on salaries of senior public officials, while salaries and allowances of the ERO staff

are regulated by the Board taking into account the salary level of the sector it regulates. There is

no bylaw mentioned to define salaries and allowances of ERO staff. Since employees of ERO are

not civil servants, ERO has not established the Disciplinary Committee and Dispute Resolution

and Appeal Commission. Outside ERO, employees can address to the Labour Inspectorate and

the relevant court.

Agencies (central and independent) within the Government

33. Agency of State Archives

Agency of State Archives (ASA) is a government body which in practice operates within the

Office of the Prime Minister.166ASA is established by the Law on State Archives167which

organizes, directs and controls the activity in the entire network of archives in the country. The

relevant law does not determine if ASA has the status of a legal entity. ASA does not publish

laws in the Official Gazette. Under Article 4 of the relevant law, ASA is led by Chief Executive

Officer who is responsible for administration, operation and management of the agency. The

relevant law does not define ASA’s reporting and preparation of periodic reports but based on its

functioning within the Office of the Prime Minister, the Chief Executive Officer is accountable

to the Prime Minister of the Republic of Kosovo.

ASA has an official website but it has not published annual reports for the public. The Chief

Executive Officer is the highest administrative officer who is appointed by the Government

under the rules and procedures for senior management positions in the civil service. The current

law does not determine the duration of the mandate of chief executive officer but considering its

equivalent position to a secretary of the ministry, the mandate of the position must be three years.

According to Article 4, paragraph 4 of the relevant law, the structure and organization of the

agency is regulated with a bylaw proposed by the agency and approved by the Government. No

bylaw has been adopted until now that would indicate the structure of organization and reporting

hierarchy of ASA.

ASA has no independent budget line and ASA's budget is included in the budget of the Office of

the Prime Minister. Budget, number and categories of employees 2013-2016 are shown in the

table below:

166 The laws does not define whether ASA operates within the Office of Prime Minister 167 Law Nr. 04/L-088 on State Archives: http://bit.ly/2cmehBK

http://bit.ly/2cmehBK

108

Subject 2013 2014 2015 2016

Budget 577,896 612,861 678,914 723,662







The legal basis for determination of salaries is the Law on Salaries of Civil Servants. Possible

disciplinary measures against employees of ASA are addressed by the Disciplinary Committee

within ASA, while disputes and appeals can also be addressed by the Dispute Resolution and

Appeal Commission within the ASA. Outside the institution, civil servants may appeal to the


34. Kosovo Agency of Statistics

Kosovo Agency of Statistics (KAS) is a professional and independent institution within the

Office of Prime Minister established with the law for official statistics of the Republic of

Kosovo.168 This law does not determine whether KAS has the status of legal entity and whether

it publishes laws in the Official Gazette. According to Article 7, paragraph 2.8, KAS through the

Prime Minister, presents for approval to the Government and Assembly a report on the

implementation of the plan, program and use of budget funds, and after the adoption report is

made public. According to Article 8 of the relevant law, the Chief Executive Officer for his work

responds to the Prime Minister. KAS has an official website where annual reports of KAS are

published.169

According to Article 8 of the relevant law, the Chief Executive is the head of KAS, and is

appointed under the Civil Service Law, rules and procedures for appointment to senior

management positions for a term of three years. Chief Executive Officer proposes organizational

structure of KAS which is approved by the Prime Minister. KAS employees and their

recruitment is conducted according to rules set by the Civil Service Law. According to the

regulation on internal organization and systematization of jobs, KAS consists of seven

departments split in divisions which are headed by heads of divisions. The head of division

reports to the director of the department, the latter in turn reports to the Chief Executive Officer.

Regulation on internal organization is approved by MPA and then by the Prime Minister at a

government meeting. The CEO is the chief administrative officer at KAS.

KAS does not have independent budget line and its budget is included in the budget of the Office

of Prime Minister. Budget, number and categories of employees 2013-2016 are shown in the

table below:

Subject 2013 2014 2015 2016

Budget 948,298 1,023,299 1,187,154 1,166,851

Number of employees x x X x



168 Law Nr. 04/L-036 on Official Statistics of Kosovo: http://bit.ly/2ctCUSV 169 KAS annual reports: http://bit.ly/2cOtGNz

http://bit.ly/2ctCUSV

http://bit.ly/2cOtGNz

109




KAS has not defined the legal basis for determining salaries of employees of KAS. Possible

disciplinary measures against employees in KAS are addressed by the Disciplinary Committee

within the Office of the Prime Minister, while disputes and appeals can also be addressed by the

Dispute Resolution and Appeal Commission within the Prime Minister's Office. Outside the



35. Food and Veterinary Agency

Food and Veterinary Agency (FVA) is an executive agency which operates within the Office of

the Prime Minister. FVA is established under the Law on Food170 and is responsible to protect

people’s life and health by ensuring a high level of food safety, including animal nutrition,

animal health, animal welfare and quality and safety of food originating from plants and animals.

FVA has the status of legal entity and it is not defined in the relevant law whether FVA publishes

bylaws in the Official Gazette. Governing oversight and advisory bodies of the agency are Chief

Executive Officer, Steering Board171and Scientific Council.172 FVA is led by Chief Executive

Officer, supervised by the board and advised by the scientific council. According to Article 41,

paragraph 3 of the relevant law, the Chief Executive Officer of FVA reports to the Prime

Minister, is appointed by the Government for a three-year term under the rules and procedures

for senior managerial positions in the civil service. Under the same article, paragraphs 6 and 7,

Chief Executive Officer submits to the Board for approval the annual work report and financial

report. FVA has official website but annual reports are not published on the official website of

the agency. The members of the Board have a term of three years and the Board consists of

seven members including the Chief Executive Officer of the agency. Other members are

nominated by the Ministry of Agriculture, Ministry of Health, Institute of Public Health,

Consumer Protection Association and Chamber of Commerce. The scope and number of

scientific council members is determined by secondary legislation adopted by the Government of

the Republic of Kosovo.

The CEO of FVA is chief administrative officer and in cooperation with the managing board,

manages the work of the agency. FVA has three main departments: inspectorate, food and

veterinary laboratory and six regional offices. The reporting hierarchy of FVA consists of

following levels: regional offices are led by coordinators who report to the FVA CEO,

departments, inspectorate and laboratory led by directors who also report to the CEO of FVA.173

FVA does not have independent budget line and the budget of FVA is included in the budget of

the Office of Prime Minister. Budget, number and categories of employees 2013-2016 are shown

in the table below:

170 Law Nr. 03/L-016 on Food: http://bit.ly/2c3pN9n 171 Regulation Nr. 04/2010 on organisation and activity of FVA steering board: http://bit.ly/2cvBpCL 172 Regulation 05/2010 on organisation and activity of FVA scientific council: http://bit.ly/2cB9lLx 173 Regulation 03/2010 on organisation of FVA: http://bit.ly/2c7IDuk

http://bit.ly/2c3pN9n

http://bit.ly/2cvBpCL

http://bit.ly/2cB9lLx

http://bit.ly/2c7IDuk

110

Subject 2013 2014 2015 2016

Budget 5,174,335 5,240,079 5,224,313 4,829,116







FVA has not defined the legal basis for determining salaries of employees in this body.

According to the Law on Food which provides for the establishment of FVA, the compensation

of members of the Steering Board and Scientific Council is regulated with a special law adopted

by the Government of the Republic of Kosovo. Possible disciplinary measures against employees

in FVA are addressed by the Disciplinary Commission within the Office of the Prime Minister,

while disputes and appeals can also be addressed by the Dispute Resolution and Appeal

Commission within the Prime Minister's Office. Outside the institution, civil servants may

appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to relevant

court.

36. Agency for Gender Equality

Agency for Gender Equality (AGE) is an executive agency which operates within the Office of

the Prime Minister. AGE is established by the Law on Gender Equality174and promotes and

supports, coordinates and implements provisions of this law and bylaws issued pursuant to this

law. The current law does not specify whether AGE is a legal entity or if AGE publishes bylaws

in the Official Gazette. According to Article 8, paragraph 1.12 AGE reports to the Government

regarding implementation of this law for the past year no later than by the end of March and after

approval by the government the report is made public. AGE has published annual reports in the

form of information bulletins in its official website.175

According to Article 9 of the relevant law, AGE is headed by Chief Executive Officer who is

responsible for the administration, operation and management of the agency. Chief Executive is

the chief administrative officer and is appointed by the Government under the rules and

procedures for senior management positions in the civil service. The mandate of the CEO is three

years. The organization and functioning of the agency is regulated with a bylaw proposed by the

agency and approved by the Government. According to the regulation for the organization and

functioning of the agency,176AGE is organized into four divisions which are led by chiefs of

division who report to the Chief Executive Officer.177The reporting hierarchy is organized in

three levels: from chief of division to the Chief Executive Officer and from the latter to the

Government or the Prime Minister, as AGE operates within the Office of the Prime Minister.

AGE has no independent budget line and AGE's budget is included in the budget of the Office of

Prime Minister. Budget, number and categories of employees 2013-2016 are shown in the table

below:

174 Law Nr. 05/L-020 on Gender Equality: http://bit.ly/1RCWnO8 175 Bulletins and other reports of AGE: http://bit.ly/2cbpUkB 176 Regulation 01/2007 on organisation and functioning of AGE: http://bit.ly/2cvKOZH 177 Organisational chart of AGE: http://bit.ly/2cvvrBZ

http://bit.ly/1RCWnO8

http://bit.ly/2cbpUkB

http://bit.ly/2cvKOZH

http://bit.ly/2cvvrBZ

111

Subject 2013 2014 2015 2016

Budget 185,770 612,861 678,914 191,425







The legal basis for determining salaries is the Law on Gender Equality and Regulation on the

internal organization of the agency. Possible disciplinary measures against employees of AGE

are addressed by the Disciplinary Commission within the Office of the Prime Minister, while


within the Office of Prime Minister. Outside the institution, civil servants may appeal to the


37. Kosovo Agency for Radiation Protection and Nuclear Safety

Kosovo Agency for Radiation Protection and Nuclear Safety is an executive agency of the

Government under the Office of Prime Minister established with a special law, Law on Kosovo

Agency for Radiation Protection and Nuclear Safety.178_ftn126According to Article 3 of the

relevant law, the agency is an independent body specialized in implementation of policies and

national and international standards in the field of radiation protection and nuclear safety. The

Agency has the status of a legal person and it is not defined in the law whether the agency

publishes bylaws in the Official Gazette. The agency is defined by law as a body within the

Office of the Prime Minister, but the same agency also appears on the official website of the

Ministry of Environment and Spatial Planning (MESP).179

According to Article 12 of the relevant law, the agency, through the Government submits an

annual report for the previous year to the Assembly no later than 31 March. The agency does not

have official website and annual reports of the agency are not public. According to Article 7 of

this law, the agency is led by the CEO of the agency, whose duties and responsibilities are

defined in a bylaw, but there is no legal act which is public and which shows duties and

responsibilities of the Chief Executive Officer of the agency. The chief executive officer of the

agency is appointed in accordance with the Law on Civil Service for senior managerial positions

in the civil service for a term of three years. According to Article 11 of the relevant law, the

Chief Executive Officer shall issue a bylaw on internal organization and functioning of the

agency, but there is no bylaw published showing the organization and systematization of jobs in

the agency. Consequently, it is unclear what the reporting levels in the agency are. The chief

administrative officer in the agency is chief executive officer.

The agency does not have independent budget line and its budget is included in the budget of the

Office of Prime Minister. Budget, number and categories of employees 2013-2016 are shown in

the table below:

178 Law Nr. 04/L-067 on Agency on Radiation Protection and Nuclear Safety: http://bit.ly/2d34BxH 179 Same Agency on the official website of the MESP: http://bit.ly/2crXRIv

http://bit.ly/2d34BxH

http://bit.ly/2crXRIv

112

Subject 2013 2014 2015 2016

Budget 28,800 67,800 70,938 64,102







The legal basis for determining salaries in the agency is the Law on Civil Service and other

regulations. Possible disciplinary measures against employees at the agency are addressed by the

Disciplinary Commission within the Office of the Prime Minister, while disputes and appeals can

also be addressed by the Dispute Resolution and Appeal Commission within the Office of Prime

Minister. Outside the institution, civil servants may appeal to the Independent Oversight Board

for Civil Service (IOBCSK) and then to relevant court.

38. Agency for Information Society

Agency for Information Society (AIS) is the central body of state administration which operates

under the Ministry of Public Administration (MPA). The AIS is established by the Law on

Information Society Government Bodies; 180 it has executive role and is responsible for the

development and implementation of information and communication technology for institutions

of Republic of Kosovo. The establishment law does not define whether AIS has a status of legal

entity. The AIS does not publish bylaws in the Official Gazette. The law on establishment does

not define the reporting of AIS to the Government, but in practice, the Director General of AIS is

accountable to the Minister of Public Administration. The specific law does not define the issue

of preparation of annual report by AIS for the Minister or the Government. The Director General

is the chief administrative officer, manages the work of AIS and is appointed by the Government

for a three-year term under the rules for senior management positions in the civil service.

The AIS is organized into departments and sections according to organization structure of central

state administration bodies defined by the Law on State Administration. The AIS consists of five

departments and sections within them. Reporting hierarchy goes from the chief of section to the

head of department to the Director General of AIS. Regulation on internal organization and

systematization of jobs in AIS initially is adopted by MPA and then by the Government. The

AIS, however, does not have such a regulation yet and does not have official website where it

can publish its periodic reports.

The AIS does not have independent budget line and the budget of AIS is included in the MPA

budget. Budget, number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 5,453,852 5,536,255 4,619,741 3,923,323

Number of employees x x x x





180 Law Nr. 04/L-145 on Information Society Government Bodies: http://bit.ly/2cQrLKg

http://bit.ly/2cQrLKg

113


The legal basis for determination of salaries in AIS is the Law on Salaries of Civil Servants.

Possible disciplinary measures against employees in AIS are addressed by the Disciplinary

Commission within the MPA, while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within the MPA. Outside the institution, civil servants may

appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to relevant

court.

39. Kosovo Institute for Public Administration

Kosovo Institute for Public Administration (KIPA) is a central body of state administration that

functions within the Ministry of Public Administration (MPA). KIPA functions on the basis of

the Law on Kosovo Institute for Public Administration181 but KIPA, however, was established in

2003 with UNMIK Administrative Instruction 2003/25. The Law on establishment of KIPA did

not define whether KIPA has a status of legal entity and whether KIPA publishes bylaws in the

Official Gazette. According to Article 7 of the relevant law, KIPA is headed by the Director

General who shall be appointed in accordance with the Law on Civil Service and reports directly

to the Minister of Public Administration. According to paragraph 3 of Article 7 of the relevant

law, no later than March 31 of each calendar year, the Director General should submit an annual

report to the Minister of Public Administration, which presents results achieved in the previous

year. KIPA publishes annual reports in the official website, but reports for 2014 and 2015 have

not been published yet in the official website.182

Director General is head of KIPA and is the chief administrative officer appointed by the

Government for a three-year term following open procedures according to the Law on Civil

Service. According to Article 6 of the Law on KIPA, organizational structure consists of:

Director General, departments and sections. The internal organization and systematization of

jobs in KIPA is in accordance with the Law on State Administration, the part related to central

bodies of state administration which are organized in sections and departments. Section is

managed by chief of section who reports to the head of department and the latter to the Director

General. Regulation on internal organization and systematization of jobs and government is

approved by MPA.

KIPA does not have independent budget line and KIPA budget is included in the budget of the

MPA. Budget, number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 209,245 171,245 200,918 214,352







181 Law Nr. 04/L-221 on Kosovo Institute for Public Administration: http://bit.ly/2cNVH9P 182 KIPA annual reports: http://bit.ly/2clzWgA

http://bit.ly/2cNVH9P

http://bit.ly/2clzWgA

114

The legal basis for determination of salaries in KIPA is the Law on KIPA and Law on Civil

Service. Possible disciplinary measures against employees in KIPA are addressed by the

Disciplinary Commission within the MPA, while disputes and appeals can also be addressed by

the Dispute Resolution and Appeal Commission within MPA. Outside the institution, civil


the relevant court.

40. State Advocacy Office

State Advocacy Office is a central body within the Ministry of Justice established the Law on

State Advocacy.183State Advocacy Office has the status of legal entity but the does not define

whether State Advocacy Office publishes laws in the Official Gazette. According to Article 8 of

the relevant law, State Advocacy Office represents, advises and protects public authorities of the

Republic of Kosovo in judicial, arbitration and administrative proceedings in accordance with

the law. According to Article 9 of the relevant law the State Advocate General, who heads the

State Advocacy Office and for his work reports to the Minister of Justice. According to Article 4,

the work of the State Advocacy Office is public but it does not have official website and has not

published any annual report. The law does not provide for drafting any annual report for

reporting to the Minister of Justice or the Government.

State Advocacy Office consists of State Advocate General and state advocates. According to the

law, organization of State Advocacy Office is regulated with bylaws but no bylaw has been

issued until now for such organization. According to the Regulation on internal organization and

systematization of jobs in the Ministry of Justice, there are 11 employees in the State Advocacy

Office. Under Article 16 of the Law on State Advocacy Office, State Advocate General and state

advocates are selected through an open competition based on the rules defined in the Law on

Civil Service for senior management positions. The State Advocate General is appointed by the

Government on the proposal of the Minister of Justice. The latter is appointed for a three year

term while state advocates do not have any limitations of the mandate.

Under Article 24 of the Law on State Advocacy Office, the employees of state advocacy office

are civil servants and will perform professional, administrative and technical work. Since there is

no separate regulation for State Advocacy Office, the number of professional, technical and

administrative staff is not known. Such Regulation is proposed by the State Advocate General

and approved by the Minister of Justice.

State Advocacy Office does not have independent budget line and its budget is included in the

budget of the Ministry of Justice. Budget, number and categories of employees 2013-2016 are

shown in the table below:

Subject 2013 2014 2015 2016

Budget x 77,525 85,490 147,175

Number of employees x 10 11 11

Number of civil servants x 10 11 11

Number of political appointees x 0 0 0

Number of professional staff x 9 10 10

Number of administrative staff x 1 1 1

183 Law Nr. 04/L-157 State Advocacy Office: http://bit.ly/2cQGWAJ

http://bit.ly/2cQGWAJ

115

Number of support staff x 0 0 0

The legal grounds for determination of salaries in the State Advocacy Office are the Law on

State Advocacy Office and Law on Salaries of Civil Servants for senior management positions.

Possible disciplinary measures against employees in State Advocacy Office are addressed by the

Disciplinary Commission within the Ministry of Justice while disputes and appeals can also be

addressed by the Dispute Resolution and Appeal Commission within the Ministry of Justice.


Service (IOBCSK) and then to relevant court.

41. Agency for the Management of Sequestrated or Confiscated Assets

Agency for Management of Sequestrated or Confiscated Assets is a centralized body within the

Ministry of Justice established with the Law on Managing Sequestrated or Confiscated

Assets184.The Agency manages the sequestrated and confiscated assets used in, or derived from

criminal offenses, including terrorist assets, excluding property confiscated for realization and

collection of taxes. The Agency has the status of legal entity but the Law on its establishment

does not define whether the agency publishes laws in the Official Gazette. According to Article

11 of the relevant law, the agency is obliged to submit the work report once a year to the

Minister of Justice. The agency itself has no official website and has not published annual

reports.

The Agency is led by Director General who is appointed by the Government for a three-year

term and elected with the procedure stipulated in provisions for appointment to senior

management positions in the civil service of Kosovo. The law establishing the agency is

published in the Official Gazette in April 2016 and still no bylaw has been issued to define

internal organization and systematization of jobs in the agency. However, under Article 9, the

agency will be organized in departments and sections. Chief administrative officer is the director

general of the agency.

The agency does not have independent budget line and its budget is included in the budget of the

Ministry of Justice. Budget, number and categories of employees 2013-2016 are shown in the

table below:

Subject 2013 2014 2015 2016

Budget 373,778 409,195 369,407 348,302







The legal basis for determining salaries in the agency is the Law on Civil Service and Law on

Salaries of Civil Servants. Possible disciplinary measures against employees at the agency are

addressed by the Disciplinary Commission within the Ministry of Justice while disputes and


184 Law Nr. 05/L-048 on Managing Sequestrated or Confiscated Assets: http://bit.ly/2ckxyTR

http://bit.ly/2ckxyTR

116

Ministry. Outside the institution, civil servants may appeal to the Independent Oversight Board

for Civil Service (IOBCSK) and then to the relevant court.

42. Institute for War Crimes Research

Institute for War Crimes Research is a public research institution which functions under the

Ministry of Justice and was established with a Government decision in 2011.185 The purpose of

the Institute is the collection, systematization, processing and publication of data on crimes

against peace, war crimes, crimes against humanity and acts of genocide committed in Kosovo in

the period 1998 until June 1999. The Institute does not have official website but some

information may be found about it in the official website of the Ministry of Justice.

According to the Government decision, the Institute is governed by the Council consisting of

seven members and appointed by decision of the Minister of Justice. While according to the

regulation on internal organization and systematization of jobs in the Ministry of Justice, the

institute is headed by a director who for his work reports to the Minister of Justice. According to

this regulation, the institute has eight employees.

The Institute has no independent budget line and its budget is included in the budget of the


table below:

Subject 2013 2014 2015 2016

Budget 240,724 240,724 174,916 117,697







The legal basis for determination of wages in the Institute are Article 145 (2) of the Constitution

of the Republic of Kosovo, in accordance with Article 1, paragraph 1.3 (d) of UNMIK

Regulation 2001/19 on the Executive Branch of the Provisional Institutions Self Government,

Regulation No. 02/2011 on the Areas of Administrative Responsibility of the Office of the Prime

Minister and Ministries (22.03.2011) and the Kosovo Government Decision no. 10/19 dated 15

June 2011. Possible disciplinary measures against employees of the institute are addressed by the

Disciplinary Committee within the Ministry of Justice while disputes and appeals can also be

addressed by the Dispute Resolution and Appeal Commission within the Ministry of Justice.


Service (IOBCSK) and then to the relevant court.

185 Decision 10/19 of 15.06.2011 on Establishment of Institute for War Crimes Research: http://bit.ly/2d45iKH 186 According to Institute for war crimes research, employees at this institutions are appointed by the Minister but are not political appointees


117

43. Inspectorate of the Ministry of Justice

Inspectorate of the Ministry of Justice is a separate organizational structure within the Ministry

of Justice established with a decision of the Minister. Responsibilities are prescribed in the Law

on Execution of Penal Sanctions.187According to Article 242 of the relevant law, the Minister

establishes an inspectorate to monitor the work of correctional institutions. The law does not

define whether the Inspectorate has the status of a legal entity or if Inspectorate publishes bylaws

in the Official Gazette. According to Article 243, paragraph 4.3, the inspectorate drafts regular

reports for Secretary General and at least once in three months for Ministry of Justice regarding

its findings. According to the Regulation on internal organization and systematization of jobs in

the Ministry of Justice, the chief inspector reports to the Minister of Justice and Secretary

General.

The Inspectorate is led by the chief inspectorate who is appointed and dismissed according to the

rules and procedures for appointments to senior management level positions. There is no internal

regulation that shows internal organization of the inspectorate. According to the Regulation on

internal organization and systematization of jobs in the Ministry of Justice, the number of

employees in the inspectorate is five.

Inspectorate has no independent budget line and its budget is included in the budget of the


table below:

Subject 2013 2014 2015 2016

Budget 68,641 67,085 62,684 73,230







The legal basis for determination of salaries in the Inspectorate is the Law on Civil Service.

Because of the risk, importance and special conditions of work, Minister with a decision

determines the amount of additional personal income for inspectors. Possible disciplinary

measures against employees in the justice inspectorate are addressed by the Disciplinary

Committee within the Ministry of Justice while disputes and appeals can also be addressed by

the Dispute Resolution and Appeal Commission within the Ministry of Justice. Outside the


(IOBCSK) and then to relevant court.

44. Institute of Forensic Medicine

Institute of Forensic Medicine is the central body of state administration in the Ministry of

Justice established with the Law on Forensic Medicine.188 The Institute has the status of legal

entity but the law does not define whether the Institute publishes bylaws in the Official Gazette.

187 Law Nr. 04/L-149 on Execution of Penal Sanctions: http://bit.ly/2cQnLsr 188 Law Nr. 05/L-060 on Forensic Medicine: http://bit.ly/2cQKXp1

http://bit.ly/2cQnLsr

http://bit.ly/2cQKXp1

118

According to Article 15, paragraph 3, Institute prepares annual report that describes his work,

including but not limited to a number of examinations carried out and other relevant data in

accordance with the Law on Protection of Personal Data, the latest by March. The Institute is

responsible for performing a number of tasks including forensic autopsy and forensic technical

examination. According to the Law on Forensic Medicine the Institute is the legal successor of

the forensic department of the Ministry of Justice. As result, employees in the department of

forensic medicine will be transferred to the forensic institute. Apart from official website of the

department of forensic medicine, the institute does not have official website and annual reports

are not public.

The Institute is headed by the Director General who is elected according to the procedures and

regulations for senior management positions in the civil service and reports to the Minister of

Justice. The Director General is appointed by the Government for a term of three years and

serves as the chief administrative officer at the institute. The organizational structure of the

institute is determined with a special legal act which is approved by the Minister of Justice, but

considering the time of adoption of the Law on Forensic Medicine (published in Official Gazette

in April 2016), no bylaw or regulation has been issued yet that would define internal

organization and systematization of jobs in the institute.

Institute of Forensic Medicine does not have independent budget line and its budget is included

in the budget of the Ministry of Justice. Since the institute is the legal successor of the

department of forensic medicine, the data on budget and number of employees 2013-2016 are the

data for forensic department, according to the budget laws.

Subject 2013 2014 2015 2016

Budget x x 805,150 765,952

Number of employees x x 63 63






The legal basis for determination of salaries in the Institute is the Law on Civil Service. Possible

disciplinary measures against employees in the Institute are addressed by the Disciplinary

Commission within the Ministry of Justice while disputes and appeals can also be addressed by

the Dispute Resolution and Appeal Commission within the Ministry of Justice. Outside the



45. Kosovo Probation Service

Kosovo Probation Service (KPS) is a central body of state administration within the Ministry of

Justice established with the Law on Execution of Penal Sanctions. KPS has legal entity status but

the law does not define whether KPS publishes bylaws in the Official Gazette. According to

article 236, paragraph 4 of the relevant law, Director General of KPS reports to the Minister of

Justice. KPS does not have official website and annual reports are not published. KPS is led by

Director General who shall be appointed according to the rules and procedures for the

119

appointment in senior management level in the civil service, for a five-year term with the

possibility of re-election.

KPS is organized into the office of Director General, departments and sections. Organisation of

KPS is governed by the Regulation on internal organization and systematization of jobs in the

Ministry of Justice. Chief of section reports to the head of department while the latter reports to

the Director General of KPS. Chief administrative officer is Director General. Unlike KCS,

where a distinction is made between civilian staff as civil servants and correctional officers, in

the KPS there is not such division.

KPS does not have independent budget line and its budget is included in the budget of the


table below:

Subject 2013 2014 2015 2016

Budget 384,751 539,421 648,181







The legal basis for determination of salaries in KPS is the Law on Civil Service, Law on Salaries

of Civil Servants and Labour Law. Because of the risk, importance and special conditions of

work, 12 months of work are counted as 16 months of working experience for probation officers,

and a salary supplement is applied in the calculation of their salaries. Categorizations of

correctional officers who receive benefits are regulated with a bylaw issued by the Minister of

Justice. The Law on Execution of Penal Sanctions does not contain provisions indicating

disciplinary procedure for probation service staff, as is the case with correctional service staff

and officers.

46. Kosovo Correctional Service

Kosovo Correctional Service (KCS) is a central body of state administration, independent and

professional which functions within the Ministry of Justice and is established with the Law on

Execution of Penal Sanctions. KCS has the status of legal person but the law does not define

whether KCS publishes bylaws in the Official Gazette. According to article 215, paragraph 5 of

the relevant law, Director General of KCS for his work reports to the Minister of Justice. KCS

has official website but has not published annual reports. KCS is headed by the Director General

who is appointed for a five-year term according to rules and procedures for appointment in

senior management positions in the civil service, with the possibility of reappointment.

KCS is organized in the office of Director General, departments and sections. KCS organization

is part of the Regulation on internal organization and systematization of jobs in the Ministry of

Justice. Chief of section reports to the head of department while the latter reports to the Director

General of the KCS. The chief administrative officer is the Director General. Concerning the

correctional service personnel, according to Article 219 of the Law on Execution of Penal

Sanctions, staff of correctional service and correctional institutions consists of civil servants

120

governed by provisions of the Law on Civil Service and correctional officers of correctional

service and correctional institutions governed by this law. Employment relationship for

correctional officers is regulated with a bylaw issued by the Minister of Justice.

KCS has no independent budget line and its budget is included in the budget of the Ministry of

Justice. Budget, number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 15,232,236 14,581,313 15,597,933 15,413,607







The legal basis for determination of salaries in the KCS is the Law on Execution of Penal

Sanctions, Law on Salaries of Civil Servants and Labour Law. Because of the risk, importance

and special conditions of work, 12 months of work are counted as 16 months of working

experience for correctional officers, and a salary supplement is calculated in their income.

Categorization of correctional officers who receive benefits is regulated with a bylaw issued by

the Minister of Justice. Disciplinary procedure for employees (civilian staff and correctional

officers) within the correctional institution is conducted by disciplinary commission appointed

by the director of correctional facility, and the disciplinary accountability is decided by the

director of correctional institution at the proposal of disciplinary commission. In the event of

disciplinary proceedings against the director of correctional facility, the Director General shall

establish a disciplinary commission and decide on disciplinary accountability at the proposal of

disciplinary commission. In case of appeal, the Director General shall establish an appeals

commission.

47. Tax Administration of Kosovo189

Tax Administration of Kosovo (TAK) is a central body of state administration in the Ministry of

Finance established by the Law on Tax Administration and Procedures.190 The law does not

define whether TAK has the status of legal entity and whether it publishes laws in the Official

Gazette. According to Article 8 of the law, TAK Director General submits periodic reports on

TAK activities and results to the Minister of Finance, while an annual report is submitted to the

Minister of Finance and Kosovo Government three months after the end of calendar year. TAK

has its official website and has published annual work reports.191

TAK is led by Director General appointed by the Prime Minister of Kosovo, based on the

recommendation of the Minister of Finance. Such recommendation is given after an application

procedure initiated by the Ministry of Finance according to the provisions of the law and rules

related to civil service in Kosovo. The law does not mention the duration of the mandate.

189 According to the legislative program of the Government for 2016, Ministry of Finance shall prepare a draft law on Establishment of Revenue Agency which is expected to merge/integrate TAK and Kosovo Customs. 190 Law Nr. 03/L-222 on Tax Administration and Procedures: http://bit.ly/2cJsL1l 191 TAK annual reports: http://bit.ly/2d2sjwg

http://bit.ly/2cJsL1l

http://bit.ly/2d2sjwg

121

Director General is assisted in the work by four deputies who are selected through open

competition based on the Civil Service Law and appointed by the Director General. According to

the organizational structure, TAK is divided into four areas under the responsibility of four

Deputy Directors-General. Chief administrative officer is Director General. TAK is organized in

central and regional offices, which are headed by regional managers appointed by the Director

General following an open competition in accordance with rules and procedures established

under the Civil Service Law.

TAK does not have independent budget line and its budget is included in the budget of the

Ministry of Finance. Budget, number and categories of employees 2013-2016 are shown in the

table below:

Subject 2013 2014 2015 2016

Budget 7,904,298 9,138,417 7,619,697 8,424,403


Number of civil servants 759 785 785 X


Number of professional staff 134 144 139 x

Number of administrative staff 548 575 578 x

Number of support staff 77 66 68 x

Legal basis for determination of salaries in TAK is the Law on Civil Service. Possible

disciplinary measures against employees in TAK are addressed by the Disciplinary Commission

within TAK while disputes and appeals can be addressed to the Dispute Resolution and Appeal

Commission within TAK. Outside the institution, civil servants may appeal to the Independent

Oversight Board for Civil Service (IOBCSK) and then to the relevant court.

48. Central Procurement Agency

Central Procurement Agency (CPA) is a central body of state administration in the Ministry of

Finance established under the Law on Public Procurement.192According to Rules of Procedure of

the CPA, the Central Procurement Agency is an independent executive agency. The law does not

determine whether the CPA has the status of a legal person or whether it publishes bylaws in the

Official Gazette. Neither the law nor the Rules of Procedure provide for the CPA’s reporting to

the Ministry, Government or Parliament. CPA has an official website and has published annual

reports for 2009-2013193Even reports do not indicate to whom they are addressed or sent to. The

main function of the CPA is to develop centralized procurement procedures in both central and

local level. In order to ensure cost-effectiveness, professional expertise, Minister of Finance

tasks the CPA to manage procurement procedures on behalf of contracting authorities in Kosovo.

According to the Regulation on internal organization and systematization of jobs in the Ministry

of Finance, CPA is headed by the Director General and consists of departments and sections. The

CPA employees, including the Director General, are civil servants. The Director General is

selected and appointed based on procedures and rules for appointments to senior managerial

positions in the civil service; he/she is appointed for a term of three years and the position is

equal to the Secretary General in the Ministry. Director General is chief administrative officer.

192 Law Nr. 04/L-042 on Public Procurement in Kosovo, Article 94: http://bit.ly/2cYGHlr 193 CPA annual reports: http://bit.ly/2cFqaDk

http://bit.ly/2cYGHlr

http://bit.ly/2cFqaDk

122

Chief of section reports to the head of department and the latter to the Director General. The

CPA has Rules of procedure on its official website while CPA organisation is according to the

Regulation on internal organization and systematization of jobs in the Ministry of Finance.

The CPA does not have independent budget line and its budget is included in the budget of the


table below:

Subject 2013 2014 2015 2016

Budget 161,617 281,617 138,720 133,184







Legal basis for determination of salaries in the CPA is the Law on Salaries of Civil Servants and

they based on coefficients. Possible disciplinary measures against employees in the CPA are

addressed by the Disciplinary Commission within the Ministry of Finance while disputes and


Ministry of Finance. Outside the institution, civil servants may appeal to the Independent


49. Treasury

Treasury is established within the Ministry of Finance initially as a department of Treasury under

the Law on Public Financial Management and Accountability. 194 The regulation on internal

organization and systematization of jobs of the Ministry of Finance, does not list Treasury as a

central body in the Ministry of Finance. The Treasury, however, has a separate regulation195from

the Ministry on internal organization and systematization of jobs in the Treasury, and as legal

basis for this Regulation is stated to be the Law on State Administration. Treasury is responsible

for management of Kosovo Consolidated Fund and perform all responsibilities arising from the

Law on Public Financial Management and Accountability. This law does not determine whether

the Treasury has the status of legal entity and whether it publishes bylaws in the Official Gazette.

According to Article 4, section 4.3, Treasury prepares detailed quarterly reports for Minister of

Finance regarding its activities. The Treasury is part of the official website of the Ministry and

has published various reports in its field of work. Furthermore, under Article 4, paragraph 4.9 it

is required on annual basis to be submitted to the Minister, Assembly, Government and

municipalities an annual report on all issues relating to the operation of the Treasury. Treasury

operates with a substantial autonomy and is responsible for organization and its staff, including

recruitment of its financial officials.

Treasury is headed by a Director General who is appointed by the Minister of Finance for a five-

year term which may be renewed for more terms of five years. Treasury consists of the following

194 Law Nr. 03/L-048 on Public Finance Management and Accountabilities: http://bit.ly/1IfPjh0 195 Regulation 06/2014 on internal organisation and systematization of jobs in the Kosovo Treasury: http://bit.ly/2dKPSLH

http://bit.ly/1IfPjh0

http://bit.ly/2dKPSLH

123

units 1) the office of the Director General, 2) internal audit unit, 3) cash and debt management,

4) operations, 5) accounting, monitoring and financial reporting and 6) treasury administration

and information technology. The functions of units 3 to 6 are covered by four deputy general

directors of the Treasury. The chief of division reports to Deputy Director General, and the latter

reports to the Director General. The Director General is the chief administrative officer and

reports to the Minister of Finance.

Treasury has no independent budget line and its budget is included in the budget of the Ministry

of Finance. Budget, number and categories of employees 2013-2016 are shown in the table

below:

Subject 2013 2014 2015 2016

Budget 2,321,333 3,117,833 6,925,144 3,750,162







Legal basis for determination of salaries in the Treasury is the Law on Civil Service. Possible

disciplinary measures against employees in the Treasury are addressed by the Disciplinary

Commission within the Ministry of Finance while disputes and appeals can be addressed to the

Dispute Resolution and Appeal Commission in the Ministry of Finance. Outside the institution,

civil servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and

then to the relevant court.

50. Kosovo Customs

Kosovo Customs is a central body of state administration within the Ministry of Finance

established with the Customs and Excise Code.196Kosovo Customs has the status of legal entity

and publishes bylaws in the Official Gazette. According to Article 5 of the code, the Director

General is nominated by the Minister of Finance and appointed by the Prime Minister of the

Government. Ministry of Finance announces an open competition for proposing candidates for

director general by the Minister of Finance and selection of candidates is done by a selection

committee which takes into consideration applicable laws and best practices for public servants/

uniformed officers. Kosovo Customs consists of civil servants for whom the Law on Civil

Service applies and customs officers who are not civil servants and are employed under the

Customs and Excise Code. Kosovo Customs has an official website and publishes annual

reports.197Besides the Director General reporting to the Minister of Finance, the Customs Code

does not provide for drafting any periodic report for the Government, Prime Minister, or the

Assembly.

Kosovo Customs is headed by the Director General who reports to the Minister of Finance.

According to Article 5, paragraph 2 of the Customs and Excise Code, Government of Kosovo

has the right to dismiss, suspend and restore the Director General. Due to the nature of the work,

196 Code Nr. 03/L-109 on Customs and Excises Code in Kosovo: http://bit.ly/2cJBUGY 197 Annual reports of Kosovo Customs: http://bit.ly/2dmq3kj

http://bit.ly/2cJBUGY

http://bit.ly/2dmq3kj

124

the organization of Customs and structural levels are different compared to many central bodies

of state administration. There are five directorates under the Director General and a department

for supervision of procedures and excises, which is at the same level. In the directorates there are

mainly sections but there are also departments and a number of offices between the departments

and Director General. Directors of directorates report to the Director General and are appointed

and dismissed by him.

KC does not have independent budget line and its budget is included in the budget of the


table below:

Subject 2013 2014 2015 2016

Budget 8,980,176 9,781,070 8,903,538 8,052,640







A number of documents present the legal basis for determining salaries in Kosovo Customs:

Customs Code for customs staff and Civil Service Law, the Law on Salaries of Civil Servants,

the Commission's decision No.144 dated 08.06.2012, Regulation No.05 / 2012, letter no. 3170

dated 28.06.2016 by MPA on the implementation of job classification adopted by the

Government (Decision No.04/89 dated 25.05.2016). Possible disciplinary measures and disputes

and appeals are divided between civilian personnel as civil servants, and customs officers as

public servants employed by the Customs Code. Outside of Kosovo Customs, civil servants may


court, while customs officials to the Labour inspectorate and the court.

51. Financial Intelligence Unit

Financial Intelligence Unit (FIU) is an independent central institution of the Ministry of Finance

established with the Law on Prevention of Money Laundering and Terrorist Financing.198FIU is

responsible for requesting, receiving, analyzing and disseminating to competent authorities and

making public the information on potential money laundering and terrorist financing. FIU does

not publish bylaws in the Official Gazette while the relevant law does not determine whether the

FIU has the status of a legal entity. The relevant law also does not define whether the FIU reports

to the Ministry of Finance or the Government. According to Article 10, the Director of the FIU

shall provide annually to each member of the board an updated report outlining the decisions and

administrative, executive and regulatory activities of FIU and all aspects of financial spending,

FIU revenues and expenditures. FIU has an official website and publishes annual reports.199

FIU is headed by a director who is elected and dismissed by the FIU supervisory board. The

board has a supervisory role and ensures the independence of the FIU. The Board consists of the

198 Law Nr. 05/L-096 on Prevention of Money Laundering and Prevention of Terrorist Financing: http://bit.ly/2d3EZDj 199 FIU annual reports: http://bit.ly/2dnnpul

http://bit.ly/2d3EZDj

http://bit.ly/2dnnpul

125

Minister of Finance, who is also chairman of the board, Minister of Internal Affairs, Chief State

Prosecutor of Kosovo, Director General of Police, Director of Tax Administration, and Director

General of Kosovo Customs and Governor of the CBK. The Board convenes meetings as

required, but not less than twice a year. Another member of the Ministry of Finance serves as

Secretary of the Board. Director of the FIU is selected through open competition, a process that

is conducted by the Ministry of Finance. Based on the competition and criteria set out in the

competition, the Ministry of Finance in coordination with the Secretary of the Board selects two

candidates that will be shortlisted and submitted to the Board. The Board by majority voting

elects one of the candidates for director of FIU for a three year term. The Director is responsible

for the overall management of FIU. FIU professional staff are not civil servants, however,

legislation governing civil service shall apply for the staff of the FIU.

According to Article 4, paragraph 4, internal bylaws on the internal organization of the FIU are

proposed by the Director and approved by the board of FIU. FIU has a big independence in

budget spending and decides about spending independently in accordance with the Law on

Public Financial Management and Accountability. Since the publication of establishment of the

FIU in Official Gazette in June 2016, no regulation on internal organization of the FIU has been

issued yet. Consequently, the internal structure of FIU, the level of organization and reporting,

etc, are not known yet.

FIU does not have independent budget line and its budget is included in the budget of Ministry

of Finance. Budget, number and categories of employees 2013-2016 are shown in the table

below:

Subject 2013 2014 2015 2016

Budget 334,250 351,250 351,296 316,469







The legal basis for determination of salaries in the FIU is the Civil Service Law and Law on

Prevention of Money Laundering and Terrorist Financing which establishes the FIU. The issue

of disciplinary measures is not addressed in the law which establishes the FIU. The professional

staff are not civil servants and constitute the largest number of employees at FIU (15 of 18)

while only three are civil servants. Outside institutions, employees with civil servant status have

the right of appeal to the Independent Oversight Board Civil Service (IOBCSK) while employees

with public servant status, outside the institution can address to the Labour Inspectorate and to

the relevant court.

126

52. Civil Registration Agency200

Civil Registration Agency (CRA) is a central body within the MIA established with the Law on

Civil Registration Agency.201 CRA has the status of legal entity but the law does not define

whether the CRA publishes bylaws in the Official Gazette. CRA has a duty and is responsible for

all processes in relation to application, personalization and issuance of documents for citizens of

the Republic of Kosovo and foreign nationals. CRA is led by a Director General who is

responsible for preparing periodic and annual reports on the work of the agency, which are

submitted to the Minister. CRA does not have official website and its reports are not published.

CRA is led by a Director General who is elected and appointed for a three year term with

procedures and rules for senior managerial positions, according to the law on civil service.

According to Article 9, CRA staff has civil servant status. The internal organization and

systematization of jobs in the CRA is set with the regulation on internal organization and

systematization of jobs in MIA. CRA is organized into departments and sections. Chief of

section reports to the head of department while the latter to the Director General. The Director

General is the chief administrative officer.

CRA does not have independent budget line and its budget is included in the budget of the MIA.


Legal basis for determination of salaries in the CRA are the Law on Salaries of Civil Servants

and Regulation for salary supplements and other allowances of civil servants. 202 Possible

disciplinary measures against employees at CRA are addressed by the Disciplinary Committee

within MIA while disputes and appeals can also be addressed to the Dispute Resolution and

Appeal Commission within the MIA. Outside the institution, civil servants may appeal to the

Independent Oversight Board for Civil Service (IOBCSK) and then to relevant court.

200 According to Regulation 36/2013 on internal organization and systematization of jobs in the MIA, independent bodies of MIA are: Kosovo Police, Kosovo Academy of Public Security, Kosovo Agency of Forensics, Kosovo Police Inspectorate, Emergency Management Agency. According to this regulation, the only central body of MIA is Civil Registration Agency 201 Law Nr. 04/L-160 on Civil Registration Agency: http://bit.ly/2dobQTp 202 Regulation 33/2012 on salary allowances and other compensations of civil servants: http://bit.ly/2cZqf4S

Subject 2013 2014 2015 2016

Budget 10,807,644 11,490,345 11,128,265 9,201,481







http://bit.ly/2dobQTp

http://bit.ly/2cZqf4S

127

53. Kosovo Academy for Public Safety

Kosovo Academy for Public Safety (KAPS) is an independent executive agency within the

Ministry of Interior under the Law on Kosovo Academy for Public Safety.203The Academy was

founded in 2008 by UNMIK administrative instruction and KAPS law was adopted in 2011.

KAPS is the successor of Kosovo Police Service School established in September 1999. KAPS is

responsible institution for providing training and higher education, implementation of training

and higher education policies and strategies, and capacity development in the field of public

safety. KAPS provides training for public security institutions in Kosovo. The law on KAPS

does not define whether KAPS has the status of legal person and whether it publishes laws in the

Official Gazette. KAPS General Director reports directly to the Minister and prepares periodic

and annual reports on the work of the academy, which are submitted to the Minister and the

Board. KAPS has an official website, but annual reports are not published on this website.

KAPS is led by the Director General who is elected and appointed according to procedures and

rules for the senior management positions in the civil service. Besides the director, KAPS has a

Board which consists of representatives of relevant ministries or agencies that are authorized by

the Government to provide public security. KAPS is organized into departments and divisions in

them and the Faculty of Public Safety which is at the same level as departments. Director

General has some divisions under direct supervision, such as internal audit, procurement, foreign

affairs and division for ensuring the quality of education at the academy. The Director General is

the chief administrative officer and is appointed by the Government for a three-year term.

KAPS does not have independent budget line and its budget is included in the budget of the

MIA. Budget, number and categories of employees 2013-2016 are shown in the table below:

Legal basis for determination of salaries in KAPS are appointment acts for civil servants and

employment contracts for one part of the staff, who are not civil servants. Possible disciplinary

measures against employees in KAPS are addressed by the Disciplinary Committee within MIA


Commission within the MIA. Outside the institution, civil servants may appeal to the


54. Kosovo Police

The Kosovo Police (KP) is a public service within the MIA established with the Law on

Police.204 PK has the legal person status but the law does not define whether PK publishes

203 Law Nr. 04/L-053 on Kosovo Academy of Public Security: http://bit.ly/2dLxscR 204 Law Nr. 04/L-076 on Kosovo Police: http://bit.ly/2dkBËVq

Subject 2013 2014 2015 2016

Budget 3,452,762 3,329,762 2,894,008 2,189,384







http://bit.ly/2dLxscR

http://bit.ly/2dkBWVq

128

bylaws in the Official Gazette. Kosovo Police is the successor of the Kosovo Police Service that

was created in 1999 with the beginning of first trainings in the Police Service School. KP

operates under the authority of the Minister of MIA and under the control and supervision of the

Director-General of the Police. The latter reports and answers directly to the Minister for

administration and management of the police. KP has an official website and publishes annual

reports.205

KP is led by the Director General who is appointed by the Prime Minister. The procedure of

electing the Director General begins with a commission established with a decision of Minister

and which proposes the possible candidates for the position of Director General. Minister

proposes to Government the candidate for Director General while the appointment is done by the

Prime Minister. Deputy Directors are also proposed by the respective commission, which

proposes to Director General the possible candidates for deputy directors of the police and one of

them is recommended by the Director General. Deputy Directors are appointed by the Minister.

Director General and Deputy Directors are appointed for terms of five years with possibility of

renewal after every five years. KP is organized in central and local level; General Headquarters

is responsible for the entire Republic of Kosovo, while local level includes regional police

headquarters. Internal organization of the KP is proposed by the Director General and approved

by the Minister. Regional police directors and police station commanders are appointed by the

Director General based on internal police procedures. General Headquarters is organized into

departments with divisions in them.

The employment relationship in KP is defined by Chapter V of the Law on Police. KP employs

three categories of police staff: 1) police officers who take an oath and have authority to exercise

and perform the powers and duties of police, 2) civilian staff employed to perform administrative

and support services, 3) police cadets. Law on the Kosovo Civil Service excludes police officers

from the category of civil servants. The employment relationship of police staff is regulated with

a bylaw.

KP does not have independent budget line and its budget is included in the budget of the MIA.


According to Article 47 of the Law on Police, compensation of police officers takes into

consideration the specific conditions under which they perform their duties. The basic salary of

police officers varies depending on factors including, but not limited to, rank and duration of

service. Police officers have some types of allowances, compensations and benefits in addition to

the basic salary. All these elements are defined in the secondary legislation of the Kosovo police.

The law on police does not provide for determination of salary for the civilian staff who are civil

205 KP annual reports: http://bit.ly/2d4fBtD

Subject 2013 2014 2015 2016

Budget 74,312,292 80,936,928 89,905,831 85,479,000







http://bit.ly/2d4fBtD

129

servants under the Law for Civil Service. Regarding disciplinary proceedings, Article 43 of the

law defines disciplinary procedure for police personnel. All disciplinary breaches involving the

police, except in cases provided by the Law on Police Inspectorate, are investigated and decided

by the Kosovo Police. Disciplinary procedures, breaches and measures are defined in the bylaws.

55. Kosovo Police Inspectorate

Kosovo Police Inspectorate (KPI) is an executive institution within the MIA established with the

Law on Kosovo Police Inspectorate.206 The law does not determine whether the KPI has the

status of a legal entity or whether it publishes bylaws in the Official Gazette. KPI is responsible

for prevention, detection, documentation and investigation of criminal offenses committed by

Kosovo Police employees, regardless of their rank and position while on or off duty. Chief

Executive Officer of KPI reports and is accountable to the Minister and provides him with

necessary reports on the functioning and activities of KPI. The Minister's authority does not

include operational management of KPI. KPI has an official website and has published annual

report.207

The KPI is led by the CEO elected by a commission established with the decision of the

Minister. The commission proposes three candidates to the Minister and Minister selects one of

the three candidates proposed by the commission. The Chief Executive Officer is elected for a

five-year term with possibility to be renewed every five years. Minister with a bylaw defines the

establishment of employment relationship for all employees in the KPI.208According to the

regulation on internal organization and systematization of jobs209the KPI is organized in the

office of the CEO, departments and divisions. Chief of division reports to the head of department

and the latter to the Director General. KPI staff is divided into three categories: investigators,

inspectors, support staff and employees with fixed-term contract.

KPI does not have independent budget line and its budget is included in the budget of the MIA.


Legal basis for determining salaries in KPI are the Law on KPI and Administrative Instruction

on salaries, allowances and other benefits for employees in KPI.210Under Article 30 of the law,

violations and disciplinary measures, suspension with pay and disciplinary procedures for the

206 Law Nr. 03/L-231 on Kosovo Police Inspectorate: http://bit.ly/2ddRkXë 207 KPI annual reports: http://bit.ly/2djHz6z 208 Administrative Instruction 15/2015 on employment relationship in PIK: http://bit.ly/2dhXuBI 209 Regulation 03/2013 on internal organisation and systematization of jobs in PIK: http://bit.ly/2cGYvpK 210 Administrative Instruction Nr. 23/2013 on salaries, supplements and other benefits of the KPI employees: http://bit.ly/2dr9rav

Subject 2013 2014 2015 2016

Budget 1,112,227 1,140,677 1,249,007 1,092,401







http://bit.ly/2ddRkXw

http://bit.ly/2djHz6z


http://bit.ly/2cGYvpK

http://bit.ly/2dr9rav

130

KPI employees are regulated with a bylaw issued by the Minister. Based on this, the Minister has

issued an Administrative Instruction for determining breaches and disciplinary actions and

procedures against the KPI employees.211

56. Emergency Management Agency

Emergency Management Agency (EMA) is an independent body established under the Ministry

of Internal Affairs (MIA) with the Law on Emergency Management Agency.212 EMA has the

status of legal entity but the law does not define whether EMA publishes bylaws in the Official

Gazette. EMA is required to perform managerial and technical tasks of protection against natural

and other disasters. According to article 10, section 1.5, the Director General of the Agency

prepares ad hoc, periodic and annual reports on the work of the agency, which are submitted to

the Minister of MIA. Director of EMA reports to the Minister of MIA. EMA has an official

website but annual reports are not published on this website.

EMA is led by the Director General acting under authority of the Minister, elected by a

commission established by the Minister. The Commission proposes to the Minister candidates

for election of EMA Director and Minister in the government meeting proposes one candidate to

be elected as Director General of EMA. Director General of EMA is appointed by the Prime

Minister for a five-year term, renewable every five years by the appointing authority. The

Director General is assisted by two deputy directors. The commission proposes to the Director

General several candidates for deputy directors and Director General then recommends to the

Minister candidates for election of deputy directors. Deputy Directors are appointed by the

Minister for a five-year term with the right of renewal every five years by the appointing

authority. EMA is organized at the central and local level and internal organization and

systematization of jobs in EMA is regulated with a bylaw.213EMA is organized into the office of

Director General, departments, divisions and units (fire-fighters units in municipalities are under

the authority of EMA). Chief of division reports to head of department and this in turn reports to

the Director General. The Director General is the chief administrative officer. According to

Article 12, EMA employs two categories of staff: 1) agency officials who perform operational

and professional tasks in the field of emergency management, and 2) civilian staff who performs

administrative and support services.

EMA does not have independent budget line and its budget is included in the budget of the MIA.


211 Regulation Nr. 16/2015 on determining violations, disciplinary measures and disciplinary proceedings in KPI: http://bit.ly/2dgmwTt 212 Law Nr. 04/L-230 on Agency for Emergency Management: http://bit.ly/1Y1z6DU 213 Regulation Nr. 03/2016 on internal organisation and systematization of jobs in the Agency for Emergency Management: http://bit.ly/2ddmf3A

Subject 2013 2014 2015 2016

Budget 3,247,843 4,022,843 4,359,874 3,078,642

Number of employees x x x 185





http://bit.ly/2dgmwTt

http://bit.ly/1Y1z6DU

131

According to Article 13 of the Law on EMA, the basic salary, supplements and other benefits

will be defined in a bylaw by the Minister and will include supplements, but will not be limited

to supplements for risk at work, payment for working overtime and on holidays, daily meal and

allowance for clothes. Possible disciplinary measures against employees in EMA are addressed

by the Disciplinary Commission within MIA while disputes and appeals can also be addressed to

the Dispute Resolution and Appeal Commission within the MIA. Outside the institution, civil


the relevant court.

57. Kosovo Agency of Forensics

Kosovo Agency of Forensics (KAF) is an independent executive agency within the MIA

established with the Law 04 / L 064 on Kosovo Agency of Forensics.214KAF has the status of a

legal entity but the law does not define whether KAF shall have the legal entity status. KAF is

responsible for conducting expertise of evidence according to the criminal procedure code and

legislation. According to Article 11 of the law, Director General of KAF reports and is

accountable to the Minister of MIA and provides him with necessary information and reports on

administration and management of KAF. KAF does not have official website and its annual

reports are not public.

KAF is led by the Director General who is proposed by a special commission established by the

Minister. The Commission proposes to the Minister three possible candidates and Minister

appoints one for Director General of KAF for a five-year term with possibility of renewal every

five years. The law does not define whether the Director General is elected under the rules and

procedures of the Law on Civil Service. The KAF staff is divided into three grading and

functional categories: 1) specialized scientific personnel, 2) support staff, and 3) executive

positions. Grading procedures and conditions for KAF employees are regulated with special

regulations issued by the Minister and proposed by the Director General. 215 Regulation on

internal organization and systematization of jobs in KAF is not public therefore we do not know

the internal organization and reporting levels within the organizational structure of KAF. The

chief administrative officer of KAF is the Director General.

KAF does not have independent budget line and its budget is included in the budget of the MIA.


214 Law Nr. 04/L-064 on Kosovo Agency of Forensics: http://bit.ly/2ddsGUk 215 Administrative Instruction 02/2016 on procedures and requirements for grading employees of KAF: http://bit.ly/2dq2YZE


Subject 2013 2014 2015 2016

Budget 1,078,741 1,128,741 1,228,695 1,619,116

Number of employees x 52 52 52






http://bit.ly/2ddsGUk

http://bit.ly/2dq2YZE

132

According to Article 20 of the Law on KAF, the KAF employees have the right to permanent

employment until they meet conditions for retirement. Basic salary, supplements, allowances and

other benefits including retirement scheme and insurance of KAF employees will be defined

with an administrative instruction by the Minister. This will include, but will not be limited to,

allowances for risk at work, payment for working overtime and on holidays, daily meal and

allowance for clothes, fees for special tasks and special skills. According to Article 22, measures,

disciplinary breaches, suspension and disciplinary procedures for KAF employees are regulated

with an administrative instruction by the Minister.

58. Kosovo Environmental Protection Agency

Kosovo Environmental Protection Agency (KEPA) is a central body within the Ministry of

Environment and Spatial Planning (MESP), established with the Law on Environmental

Protection.216KEPA was established by MESP in order to monitor the environmental quality and

properties. The law does not define whether KEPA has the status of a legal entity or whether it

publishes bylaws in the Official Gazette. According to Article 60 of the law, the task of KEPA is

to inform the Government and Assembly in order to implement environmental protection

policies. KEPA has an official website and has published various reports on environmental

situation in Kosovo divided by sector. 217 The law on environmental protection, article 62

established the Advisory Board for Environmental Protection. The board has seven members

who are appointed by the Assembly for a term of five years. The task of the board is to advise

the Government and Assembly on environmental protection issues.

The relevant law does not define who leads KEPA but the Regulation on internal organization

and systematization of jobs in KEPA218states that Director General leads the agency. According

to this regulation, the Director reports to the Minister of MESP and is appointed by the

Government for a term of three years according to the rules and procedures for appointments to

senior management positions under the Law on Civil Service. KEPA consists of three

departments and three institutes which are divided into sections. Chief of section reports to the

head of department or head of institute. Directors of departments and heads of institutes report to

the Director General while the latter reports to the Minister. Director General is chief

administrative officer.

KEPA does not have independent budget line and KEPA budget is included in the budget of the

MESP. Budget, number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 568,060 875,758 1,020,690 966,154







216 Law Nr. 03/L-025 on Environmental Protection: http://bit.ly/2cCeVOL 217 KEPA reports: http://bit.ly/2cw6OT3 218 Regulation 03/2014 on internal organisation and systematization of jobs in KEPA: http://bit.ly/2cOLë5G

http://bit.ly/2cCeVOL

http://bit.ly/2cw6OT3

http://bit.ly/2cOLw5G

133

The legal basis for determining salaries in KEPA is the Law on Civil Service. Possible

disciplinary measures against employees in KEPA are addressed by the Disciplinary

Commission within MESP while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within the ministry. Outside the institution, civil servants

may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the

relevant court.

59. Kosovo Cadastral Agency

Kosovo Cadastral Agency (KCA) is a Government executive agency in the Ministry of

Environment and Spatial Planning (MESP), established with the Law on Cadastre. 219The law

does not define whether the KCA has the status of legal person and whether KCA publishes laws

in the Official Gazette. Article 4 of the Law on Cadastre which provides for the establishment of

KCA, does not provide for drafting annual reports to report to the Government, only that under

Article 4, paragraph 4.5, the chief executive officer of the agency reports to the Minister of

MESP. KCA is responsible for cadastre and has the authority to issue guidelines related to all

cadastral activities. KCA has official website but annual reports are not published on this

website. According to Article 4, paragraph 4.3, the CEO leads the KCA and is appointed

according to the rules and procedures for appointment to senior management positions under the

Civil Service Law. According to the Regulation on internal organization and systematization of

jobs in the KCA, Director General is Chief Executive Officer. 220KCA consists of the Office of

the Director General, 5 departments with sections within them and procurement sector. Chief of

section reports to head of department and the latter to the Director General. The Director General

is the chief administrative officer and is appointed to this position by the Government for a three-

year term.

KCA does not have independent budget line and the budget of KCA is included in the budget of

the MESP. Budget, number and categories of employees 2013-2016 are shown in the table

below:

Subject 2013 2014 2015 2016

Budget 1,034,085 2,478,585 2,256,331 1,459,273







Legal basis for determination of salaries in KCA are appointment acts for civil servants,

according to the Law on Civil Service and support staff contracts. Possible disciplinary measures

against employees in KEPA are addressed by the Disciplinary Commission within MESP, while


219 Law Nr. 04/L-013 on Cadastre: http://bit.ly/2cVbKDS 220 Regulation Nr. 20/2014 on internal organisation and systematization of jobs in KCA: http://bit.ly/2cHhU8A

http://bit.ly/2cVbKDS

http://bit.ly/2cHhU8A

134

within the ministry. Outside the institution, civil servants may appeal to the Independent


60. Kosovo Agency for Medicinal Products and Equipment

Kosovo Agency for Medicinal Products and Equipment (KAMPE) is an executive body within

the Ministry of Health (MoH), established by the Law for Medicinal Products and Devices221

KAMPE has the status of legal entity but the law does not define whether KAMPE publishes

bylaws in the Official Gazette. KAMPE is the competent authority in Kosovo for medicinal

products and devices for human use. The relevant law does not define reporting of KAMPE to

the MoH. According to Article 3, organization, authority and scope of KAMPE bodies are

defined with a bylaw adopted by the Government. However, there is no such legal act that shows

organization, selection of Chief Executive Officer of KAMPE, staffing, recruitment and salaries

in KAMPE.

KAMPE does not have independent budget line and its budget is included in the budget of the

Ministry of Health. Budget, number and categories of employees 2013-2016 are shown in the

table below:

Legal basis for determination of salaries in KAMPE is the Law on Civil Service. Possible

disciplinary measures against employees of KAMPE are addressed by the Disciplinary

Commission within the Ministry of Health while the disputes and appeals can also be addressed

by the Dispute Resolution and Appeal Commission within the Ministry of Health. Outside the



61. Health Financing Agency

Health Financing Agency (HFA) is an executive agency within the Ministry of Health

established with the Law on Health Care.222HFA has the status of a legal person but the law does

not define whether it publishes bylaws in the Official Gazette. HFA proposes and implements

policies and laws that are relevant to health system related to insurance for health services under

Article 56 of the Law on Health. The Chief Executive Officer of HFA reports directly to the

Minister of Health. The Law on Health and regulation on internal organization and

systematization of jobs in the HFA223do not provide for preparation of any periodic report of

221 Law Nr. 04/L-190 on Medical Products and Equipment: http://bit.ly/2dwBIc2 222 Law Nr. 04/L-125 on Health: http://bit.ly/2dgZefI 223 Regulation 11/2015 on internal organisation and systematization of jobs in HFA: http://bit.ly/2diwEuT

Subject 2013 2014 2015 2016

Budget 1,298,967 1,328,574 1,371,636 X







http://bit.ly/2dwBIc2

http://bit.ly/2dgZefI

http://bit.ly/2diwEuT

135

HFA for the Minister or the Government. HFA does not have official website and does not

publish annual reports.

According to the regulation on internal organization and systematization of jobs, HFA is

organized into the office of the CEO, departments and divisions. The head of division reports to

the head of department and the latter to Chief Executive Officer. The law and relevant

regulations do not define how the HFA Chief Executive Officer is elected and appointed, what is

the status and categories of employees in the HFA. The Chief Executive Officer of HFA is chief

administrative officer. According to the regulation on internal organization of HFA, the number

of employees in the HFA is 24.

HFA does not have independent budget line and its budget is included in the budget of the

Ministry of Health. Budget 2013-2016 and total number of employees in the HFA is shown in

the table below:

Legal basis for determination of salaries in AKPPM is the Law on Civil Service. Possible

disciplinary measures against employees in HFA are addressed by the Disciplinary Commission

within the Ministry of Health while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within the Ministry of Health. Outside the institution, civil


the relevant court.

62. Health Inspectorate

Health Inspectorate (HI) is an administrative body within the Ministry of Health established by

the Law on Health Inspectorate.224 HI oversees the implementation of Health Law and provides

technical and professional advice on health activities in order to implement the Law on Health.

The law on establishment does not define whether HI has the status of a legal person and

whether it publishes laws in the Official Gazette. Under Article 4 Chief Inspector reports to the

Minister of Health for his work and prepares monthly and annual reports for the Minister of

Health. HI does not have official site and has not published annual reports.

HI is led by the Chief Inspector, who together with inspectors is elected and appointed under the

rules and procedures of the Civil Service Law. The chief inspector is chief administrative officer.

The regulation on internal organization and systematization of jobs in HI is not public, therefore

internal organization, selection and appointment of chief inspector and inspectors is not known.

224 Law Nr. 02/L-038 on Health Inspectorate: http://bit.ly/2dIiZvD

Subject 2013 2014 2015 2016

Budget 4,739,560 302,999 211,269 22,935,565







http://bit.ly/2dIiZvD

136

The HI does not have independent budget line and its budget is included in the budget of the

Ministry of Health. Budget, the number and categories of employees in HI 2013-2016 is shown

in the table below:

Legal basis for determination of salaries in HI is the Law on Salaries of Civil Servants. Possible

disciplinary measures against HI employees are addressed by the Disciplinary Commission

within the Ministry of Health while the disputes and appeals can also be addressed by the

Dispute Resolution and Appeal Commission within the Ministry of Health. Outside the

institution, the civil servant may appeal to the Independent Oversight Board for Civil Service


63. Labour Inspectorate

Labour Inspectorate (LI) is an independent executive authority within the MLSW established

with the Law on Labour Inspectorate.225The law does not determine whether the LI has the legal

person status and whether it publishes bylaws in the Official Gazette. LI monitors the

implementation of the Labour Law, working conditions and safety at work. Chief Labour

Inspector reports to the Minister of MLSW while under Article 4, paragraph 4.5 of the law, the

Chief Inspector submits annual reports to the MLSW. LI does not have official website and

annual reports are not made public.

LI is headed by the Chief Inspector appointed by the Government on the proposal of MLSW and

is the chief administrative officer in LI. Regulation does not specify the duration of term of

office and rules under which the Chief Inspector is elected and appointed. According to the

regulation on internal organization and systematization of jobs, LI consists of office of the Chief

Labour Inspector, departments and divisions.226 Chief Inspector’s Office consists of the Chief

Inspector, three deputy chief inspectors and support staff. Deputy chief inspectors report to the

Chief Inspector. According to this regulation, duties and responsibilities of Chief Inspector and

deputy chief inspectors are defined by the applicable legislation (it is not determined what

legislation) while duties and responsibilities of the support staff in the Chief Inspector’s Office

are defined with legislation on civil service. The chief of division reports to the head of

department while the latter to Chief Inspector.

LI does not have independent budget line and its budget is included in the budget of MLSW.

Budget, the number and categories of employees 2013-2016 are shown in the table below:

225 Law Nr. 2002/9 on Labour Inspectorate: http://bit.ly/2dRbPry 226 Regulation 15/2015 on internal organisation and systematization of jobs in LI: http://bit.ly/2dvOnjb

Subject 2013 2014 2015 2016

Budget 98,353 130,273 133,492 218,024







http://bit.ly/2dRbPry

http://bit.ly/2dvOnjb

137

The legal basis for determination of salaries in LI is the Law on Civil Service. Possible

disciplinary measures against employees in LI are addressed by the Disciplinary Commission

within MLSW while disputes and appeals can also be addressed by the Dispute Resolution and

Appeal Commission within MLSW. Outside the institution, civil servants may appeal to the


64. Employment Agency

Employment Agency (EA) is an independent body within the Ministry of Labour and Social

Welfare (MLSW), established by Law on Employment Agency of Kosovo.227EA has the status

of legal entity but the law does not define whether the EA publishes bylaws in the Official

Gazette. EA’s duties and responsibilities include: implementation of MLSW policies in the field

of employment, vocational training and re-training tailored for the unemployed, job seekers,

employers and employees and foreign nationals who intend to get employed in Kosovo. Under

Article 11 of the relevant law, Director General of EA every six months submits a report on the

implementation of agency's activities to the Minister of MLSW. Agency does not have official

site but reports on labour and employment are published on the official website of MLSW.228

EA is led by the Director General who has the status of civil servants. He/she is appointed in

accordance with provisions for appointment of senior officials under the Civil Service Law. The

Director General has a three-year term and is the chief administrative officer. According to the

regulation on internal organization and systematization of jobs, EA has the following structure:

the head office of the agency, employment offices and vocational training centres.229The head

office of the agency is organized in the office of the Director General, departments and divisions.

The chief of division reports to the head of department while the latter reports to the Director

General. Apart from the above structure, there is also an advisory board which is established to

advise the EA in the preparation and implementation of employment policies and training and

overall development of the agency. The Advisory Board consists of nine members who are

appointed by nine different institutions to be members of the board. The Board meets at least six

times a year and term of members is three years. The functioning of the Board is defined in the

Rules of procedure approved by the Minister of MLSW.

EA does not have independent budget line and its budget is included in the budget of MLSW.

Budget, the number and categories of employees 2013-2016 are shown in the table below:

227 Law Nr. 04/L-205 on Employment Agency of Kosovo: http://bit.ly/2dn7xWG 228 Annual reports of MLSW: http://bit.ly/2cVl0pp 229 Regulation 13/2015 on internal organisation and systematization of jobs in EA: http://bit.ly/2dvJd6B

Subject 2013 2014 2015 2016

Budget 511,572 x 567,952 566,583

Number of employees 65 x 65 70






http://bit.ly/2dn7xWG

http://bit.ly/2cVl0pp

http://bit.ly/2dvJd6B

138

Legal basis for determination of salaries in EA is the Law on Civil Service. Possible disciplinary

measures against employees on the EA are addressed by the Disciplinary Commission within

MLSW while disputes and appeals can also be addressed by the Dispute Resolution and Appeal

Commission within MLSW. Outside the institution, civil servants may appeal to the Independent

Oversight Board for Civil Service (IOBCSK) and then to relevant court.

65. Kosovo Investment and Enterprise Support Agency

Kosovo Investment and Enterprise Support Agency (KIESA) is a central body within the

Ministry of Trade and Industry (MTI) established with the Law on Foreign Investment.230The

law does not define whether KIESA has legal person status or whether it publishes bylaws in the

Official Gazette. KIESA is responsible for the protection and promotion of investments and

provides support in implementation of policies and programs in the field of development of small

and medium enterprises. KIESA develops policies related to establishment and development of

economic zones. The relevant law does not define reporting of the Director General of KIESA to

MTI or the Government. KIESA has an official website but does not publish annual reports.

KIESA is led by the Director General who is appointed in accordance with procedures and rules

for the senior management positions under the Civil Service Law. The term of office of Director

General is three years. Also, officials of the agency are recruited according to conditions and

criteria established by the Civil Service Law. KIESA is organized into departments and sections.

Chief of section reports to the head of department and the latter to the Director General. Director

General is the chief administrative officer. The KIESA organizational structure is regulated with

the regulation on internal organization and systematization of jobs in MTI.231

KIESA does not have independent budget line and its budget is included in the budget of MTI.

Budget, number and categories of employees 2013-2016 are unclear because KIESA is a union

of two agencies that previously existed under the MTI: Investment Promotion Agency and Small

and Medium Enterprises Support Agency.

230 Law Nr. 04/L-220 on Foreign Investments: http://bit.ly/2dzm144 231 Regulation 29/2012 on internal organisation and systematization of jobs in Ministry of Trade and Industry: http://bit.ly/2cVDE0b

Subject 2013 2014 2015 2016

Budget x x x x







Subject 2013 2014 2015 2016

Budget 1,698,042 2,782,632 2,496,048 x






http://bit.ly/2dzm144

http://bit.ly/2cVDE0b

139

Legal basis for determining salaries in KIESA is the Law on Civil Service. Possible disciplinary

measures against KIESA employees are addressed by the Disciplinary Commission within MTI


Commission within MTI. Outside the institution, civil servants may appeal to the Independent


66. Kosovo Business Registration Agency

Kosovo Business Registration Agency (KBRA) is a central body within the MTI established

with the Law on Commercial Companies.232KBRA registers companies and foreign trading

companies in accordance with provisions of the Company Law. The relevant law does not define

whether KBRA has the legal entity status and whether it publishes laws in the Official Gazette.

Also the law does not specify preparation of any annual report by the Agency for the Minister or

Government. KBRA has official website but has not published annual reports.

KBRA is led by the Director General who is appointed according to procedures and rules of the

Law on Civil Service on senior management positions. KBRA structure and organization is

established with regulation on internal organization and systematization of jobs in MTI. KBRA

is organized into the office of the Director General, departments and sections. Chief of section

reports to the head of department while the latter to the Director General. The latter is the chief

administrative officer. According to the above mentioned Regulation, there are 16 employees in

the KBRA.

KBRA does not have independent budget line and its budget is included in the budget of MTI.


Legal basis for determining salaries in KBRA is the Civil Service Law. Possible disciplinary

measures against KBRA employees are addressed by the Disciplinary Commission within MTI




67. Kosovo Standardization Agency

Kosovo Standardization Agency (KSA) is a central body within the MTI established with the

Law on Standardization.233 The law does not define whether KSA has the status of legal person

232 Law Nr. 02/L-123 on Business Organisations: http://bit.ly/2djSZb0 233 Law Nr.03/L-144 on Standardization: http://bit.ly/2diRSv4

Number of support staff x X x x

Subject 2013 2014 2015 2016

Budget 209,658 156,188 144,801 194,008







http://bit.ly/2djSZb0

http://bit.ly/2diRSv4

140

or whether it publishes bylaws in the Official Gazette. KSA adopts and harmonizes standards

and thus, stimulates sustainable economic development by creating the basis for competitiveness

in the region and beyond. The applicable law does not stipulate preparation of annual reports and

reporting to the Minister or Government. KSA has official website but has not published annual

reports.

KSA is led by the Director General who is appointed according to rules and procedures of the

Law on Civil Service for senior management positions. The structure of the KSA is defined in

the regulation on internal organization and systematization of jobs in MTI. Accordingly, KSA is

organized into the office of Director General, departments and sections. The number of

employees in KSA is seven, while the chief administrative officer is the Director General. Chief

of section reports to the head of department and the latter to the Director General.

AKS does not have independent budget line and its budget is included in the budget of MTI.


Legal basis for determining salaries in KBRA is an internal regulation of MTI and appointment

acts. Possible disciplinary measures against employees in KSA are addressed by the Disciplinary

Commission within MTI while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within MTI. Outside the institution, civil servants may


court.

68. Kosovo Accreditation Directorate

Kosovo Accreditation Directorate (KAD) is a central body within the MTI established with the

Law on Accreditation.234 Under Article 4 of the relevant law, the Accreditation Directorate is the

only independent national accreditation body in Kosovo. KAD is responsible for providing

expertise to state institutions in matters related to accreditation and other evaluations of technical

competence, to conduct conformity assessment procedures with technical standards and rules.

The relevant law does not define whether KAD has the status of a legal person or whether it

publishes bylaws in the Official Gazette. According to Article 3, paragraph 4 of the Law

amending the Law on Accreditation,235the Accreditation Directorate prepares annual report and

makes public the budget expenditures and audit. KAD has an official website and has published

annual reports236.

234 Law Nr. 03/L-069 on Accreditation: http://bit.ly/2cMKeD0 235 Law Nr. 04/L-007 on Amending and Supplementing the Law on Accreditation: http://bit.ly/2cMKeD0 236 DAK annual reports: http://bit.ly/2dlHvDA

Subject 2013 2014 2015 2016

Budget 76,557 85,555 94,718 x







http://bit.ly/2cMKeD0

http://bit.ly/2cMKeD0

http://bit.ly/2dlHvDA

141

KAD is led by a Director General who is a civil servant, but the law does not define method of

election, appointment and mandate of the Director General. KAD consists of the office of

Director General, one department and two sections within the department. KAD has seven

employees. Chief of section reports to the head of department and the latter to Director General.

The latter is the chief administrative officer. The internal regulation of KAD is done with the

regulation on organization and systematization of jobs in MTI.

KAD does not have independent budget line and its budget is included in the budget of MTI.


The legal basis for determination of salaries in KAD is the Law on Salaries of Civil Servants.

Possible disciplinary measures against employees of KAD are addressed by the Disciplinary

Commission within MTI while disputes and appeals may also be addressed by the Dispute



court.

69. Kosovo Metrology Agency

Kosovo Metrology Agency (KMA) defined under the regulation on internal organization and

systematization of jobs in MTI, is a central body within the MTI. However, under the Law on

Metrology237KMA was established as a department and then with the amendment of this law238

the department is called Directorate. KMA also appears on the official website of the MTI as one

of the agencies under the MTI. The law does not determine whether the KMA has a legal person

status or if it publishes laws in the Official Gazette. The KMA is responsible for establishment,

development and oversight of the metrology system, including the field of precious metals. The

law does not stipulate preparation of periodic reports by KMA for MTI or Government. KMA

does not have official website and has not published its annual report.

KMA is led by the Director General who is appointed according to rules and procedures of the

Law on Civil Service for senior management positions. Also KMA officials are recruited under

the terms and procedures for civil servants defined by the Civil Service Law. KMA is organized

in the office of the director general, departments and sections. Number of employees is 20 while

the chief administrative officer is the Director General. Chief of section reports to the head of

department and the latter to the Director General.

237 Law Nr. 03/L-203 on Metrology: http://bit.ly/2dzx796 238 Law Nr. 04/L-124 on Amending and Supplementing the Law on Metrology: http://bit.ly/2dzx796

Subject 2013 2014 2015 2016

Budget 49,018 62,438 73,923 78,140







http://bit.ly/2dzx796

http://bit.ly/2dzx796

142

KMA does not have independent budget line and its budget is included in the budget of MTI.


The legal basis for determination of salaries in the KMA is the Law on Civil Service. Possible

disciplinary measures against employees on the CEA are addressed by the Disciplinary

Commission within MTI while disputes and appeals can also be addressed by the Dispute



court.

70. Industrial Property Agency

Industrial Property Agency (IPA) is a central body within the MTI, which was established with

the Law on Patents.239In fact the Patent Law has established the office for industrial property but

with the amendment of the law, the patents office is transformed into Industrial Property Agency.

IPA is responsible for the legal protection of invention, trademark, industrial design, designation

of origin, geographical indications and topographies of integrated circuits and other issues

arising from international agreements to which the Republic of Kosovo is signatory. The relevant

law does not define whether IPA has the legal person status and whether it publishes bylaws in

the Official Gazette. The law does not define reporting of Director General to the MTI or

Government. IPA has official website but has not published annual reports.

According to the regulation on internal organization and systematization of jobs in MTI, IPA is

led by the Director General but the law does not specify who leads the Agency and which is the

method of selection and appointment of Director General and terms of office. According to the

regulation in question, IPA has 10 employees and is organized in a department and several

sectors. Chief of section reports to the head of directorate and the latter to the Director General.

The latter is the chief administrative officer.

IPA does not have independent budget line and its budget is included in the budget of MTI.


239 Law Nr. 04/L-029 on Patents: http://bit.ly/2dLv0jS and Law Nr. 05/L-039 on Amending and Supplementing Law on Patents: http://bit.ly/2dLv0jS

Subject 2013 2014 2015 2016

Budget 300,464 545,318 340,508 304,843







Subject 2013 2014 2015 2016

Budget 84,218 108,826 102,792 95,750





http://bit.ly/2dLv0jS%20and%20Law%20Nr.%2005/L-039

http://bit.ly/2dLv0jS

143

Legal basis for determination of salaries in IPA is the Civil Service Law. Possible disciplinary

measures against employees in IPA are addressed by the Disciplinary Commission within MTI




71. Market Inspectorate

Market Inspectorate (MI) is a central executive body under the MTI established with the Law on

the Inspectorate and Market Surveillance. 240 MI inspects standards of trading of goods and

quality of services provided by economic entities in the territory of Republic of Kosovo. The law

does not define whether MI has the status of a legal person and whether it publishes bylaws in

the Official Gazette. According to Article 10, paragraph 3, the Chief Inspector prepares the

annual report on the work of Inspectorate for the previous year at the latest by the end of January

and sends the same to the Secretary of MTI. MI does not have official website and has not

published annual reports.

MI is led by the Chief Inspector which is a civil servant and elected according to the rules and

procedures of the Civil Service Law. The law does not define whether these rules and procedures

are for senior management positions or other, and mandate of the Chief Inspector. Inspectors are

civil servants. MI has a regulation on internal organization and systematization of jobs241separate

from the Regulation on organisation of MTI. According to this, MI is organized into the office of

the Chief Inspector, sections and it has 82 employees. The Chief Inspector is chief administrative

officer. Chief of sector reports to the Chief Inspector.

MI does not have independent budget line and its budget is included in the budget of MTI.

Budget and number of employees 2013-2016 is shown in the table below. The number of

employees is in accordance with the regulation on internal organization and systematization of

jobs in MI. According to the budget, there are 26 employees in MI. This is because a number of

inspectors at the local level are paid by the municipalities and not by the central level (MTI).

There is a conflict of responsibilities between the inspectorate at the central level and inspection

directorates regarding the market inspectors.

240 Law Nr. 03/L-181 on Inspectorate and Supervision of Market: http://bit.ly/1WTZ1NG 241 Regulation 10/2013 on internal organisation and systematization of jobs in Market Inspectorate: http://bit.ly/1FCH1wz



Subject 2013 2014 2015 2016

Budget 347,699 138,030 153,524 326,176







http://bit.ly/1WTZ1NG

http://bit.ly/1FCH1wz

144

Legal basis for determination of salaries in MI is the Law on Civil Service. Possible disciplinary

measures against employees in MI are addressed by the Disciplinary Commission within MTI


Commission Dispute Resolution and Appeal Commission within MTI. Outside the institution,

civil servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and

then to the relevant court.

72. Kosovo Accreditation Agency

Kosovo Accreditation Agency is an independent agency within the Ministry of Education,

Science and Technology (MEST) established with the Law on Higher Education.242The law does

not define whether the agency has the status of a legal person and whether it publishes laws in

the Official Gazette. The Agency is responsible for assessment and promotion of higher

education quality in Kosovo. According to Article 7, paragraph 3, the agency prepares annual

report but does not explain if the report is made public and if the report is submitted to the

Minister or Assembly. The agency has official website but it has not published any annual report.

According to Article 7, paragraph 4, the agency is governed by a board consisting of not less

than five and not more than nine persons appointed by the Ministry for a fixed term. The Board

consists of active people in academic life inside and outside Kosovo and it should have at least

three persons who are 'international experts'. Such board is called the National Quality Council

and its members are ratified by the Assembly. According to this article, the Board shall report

annually to the Ministry and Assembly concerning its accreditation activities. According to the

official website, the agency has also a permanent administrative structure and is led by an acting

director. According to the Regulation on internal organization and systematization of jobs in the

MEST, the central bodies of the ministry have special regulations on internal organization and

systematization of jobs. However, there is no regulation for organization of Kosovo

Accreditation Agency and composition of the institution, reporting hierarchy, leadership, etc, are

not known. The law does not define the terms of appointment of Council members, director of

agency and does not provide for reporting by the Agency to the Ministry. Agency’s reporting

lines to the Government and Assembly are unclear.

The agency does not have independent budget line and its budget is included in the budget of

MEST. Budget, number and categories of employees 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget 533,055 528,055 536,539 560,366







It is not clear which is the legal basis for determination of salaries of National Quality Council

members and civil servants. Possible disciplinary measures against employees at the agency are

addressed by the Disciplinary Commission within MEST, while disputes and appeals can also be

242 Law Nr. 04/L-037 on Higher Education in Kosovo: http://bit.ly/2cHO02x

http://bit.ly/2cHO02x

145

addressed by the Dispute Resolution and Appeal Commission within the MEST. Outside the



73. Agency for Vocational Education and Training

Agency for Vocational Education and Training and Adult Education is established under the

Law on Vocational Education and Training243 and functions as a central body of the Ministry of

Education, Science and Technology (MEST). According to Article 13 of the law, at the proposal

of MEST, the Government establishes this agency within the MEST responsible for

administration and management of institutions of vocational educational and training and adult

education. The law does not determine whether the agency has the status of a legal person and

whether it publishes bylaws in the Official Gazette. Also, the law does not define reporting of

Agency to the Assembly or Government or to the Minister of MEST, but the Administrative

Instruction244 which defines the objectives of the agency determines that Director of Agency

reports to the Board and to the Minister of MEST. The agency has official website and has

published annual reports.245

According to Regulation on internal organization and systematization of jobs in MEST, the

agency will function as a pilot program until August 2016. According to Article 13, paragraph 4

of the relevant law, the agency is led by a Board consisting of 15 members including the

chairman. The law or administrative instruction do not mention in any provision of reporting of

the Council to the Minister, the Government or Assembly. According to organizational structure

of the agency in its official website, the agency is led by the Director General.246 All 15 members

of the Council are appointed at the request of MEST to positions in the Council from institutions

they come from: Ministry of Education, Ministry of Labour and other relevant partners.

Chairman of the Council is proposed by the Council and is appointed by the Prime Minister. The

mandate of the Council and of the chairman of the Board is three years. The chief administrative

officer is the Director General of the agency. The agency does not have internal regulations on

organization and systematization of jobs and therefore we do not know the reporting hierarchy

within the agency and its structural levels.



Subject 2013 2014 2015 2016

Budget 50,400 49,400 3,062,847 3,281,145







243 Law Nr. 04/L-137 Vocational Education and Training: http://bit.ly/2cWx5d3 244 Administrative Instruction 14/2014 (MEST): http://bit.ly/2cYzCpQ 245 Annual reports: http://bit.ly/2d2dYNE 246 Organisational structure of the agency: http://bit.ly/2cCGvhm

http://bit.ly/2cWx5d3

http://bit.ly/2cYzCpQ

http://bit.ly/2d2dYNE

http://bit.ly/2cCGvhm

146

The legal basis for determination of salaries in the Agency is the Law on Vocational Education

and Training, Administrative Instruction 14/2014 and Decision 118/01B247dated 27.09.2013.

Possible disciplinary measures against employees in AVET are addressed by the Disciplinary

Commission within MEST, while disputes and appeals can also be addressed by the Dispute

Resolution and Appeal Commission within the ministry. Outside the institution, civil servants

may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the

relevant court.

74. National Qualifications Authority

National Qualifications Authority is an independent public body established by the Law on

National Qualifications248and functions within the MEST. According to Article 7 of the law, the

Agency operates in agreement with the Office of the Prime Minister, relevant ministries and

social partners. The agency has legal entity status but the law does not specify whether the

agency publishes laws in the Official Gazette. According to Article 12, the agency prepares six-

monthly and annual reports. Six monthly reports are submitted to MEST, the Office of the Prime

Minister and relevant ministries while the annual report is submitted to the Government, after

which it is made public. The Agency has official website and has published annual reports (with

the exception of the report for 2015)249The Agency is responsible for developing a national

qualifications framework and regulation of national qualifications system.

Agency has a Governing Board consisting of 13 members headed by the Director. Members of

the Governing Board are representatives of a number of institutions (Article 8 of the relevant

law) and appointed by the respective institutions. MEST with a bylaw regulates the procedure of

election and dismissal of board members. Chairman and deputy chairman are elected by the

council members. The Director of the Agency is a civil servant and elected under the rules and

procedures for the appointment to senior management positions and is at the same level with the

secretary of the ministry. It is appointed by the Government for a term of three years. The

Director is responsible for managing the agency, provides professional support to the governing

board and reports to the governing board. According to Article 11, paragraph 1, in consultation

with the Governing Board of the agency selects the staff of the agency.

The Governing Board has rules of procedure but the agency does not have a regulation on

internal organization and systematization of jobs. According to the official website of the

agency, this body is organized into three sections: standards section, quality assurance section

and qualification sector. Agency is not organized into department and the rest of the structure of

agency remains unknown. Director of the agency is chief administrative officer.



Subject 2013 2014 2015 2016

Budget 283,884 276,884 257,189 195,296



247 Decision has not been published in the list of MEST decisions 248 Law Nr. 03/L-060 on National Qualifications: http://bit.ly/2cqUvrE 249 Annual reports: http://bit.ly/2d19DOG

http://bit.ly/2cqUvrE

http://bit.ly/2d19DOG

147





The legal basis for determining salaries in National Qualifications Agency is the law and

appointment acts. The Law on National Qualifications does not define any method of

remuneration or compensation of civil servants. Possible disciplinary measures against

employees at the agency are addressed by the Disciplinary Commission within MEST while


within the MEST. Outside the institution, civil servants may appeal to the Independent Oversight

Board for Civil Service (IOBCSK) and then to the relevant court.

75. Kosovo Agency for Energy Efficiency

Kosovo Agency for Energy Efficiency (KAEE) is a central executive body under MED

established with the Law on Energy Efficiency.250 The Law does not determine whether KAEE

has legal person status and publishes laws in the Official Gazette. KAEE is obliged to propose to

the Minister policies to promote energy efficiency, propose plans to the Minister, guide and

support municipalities in drafting municipal plans for energy efficiency, etc. According to

Article 5, paragraph 1.9, KAEE prepares an annual report for the Minister regarding the

activities under the plan for promotion of energy efficiency in Kosovo. KAEE does not have

official website and annual reports are not public.

KAEE is led by a Director General who is elected for a three year term with rules and procedures

for employees of senior management level under the Civil Service Law. KAEE falls under the

MED Regulation on internal organization and systematization of jobs. According to this

regulation, KAEE is organized into the office of Director General and three sections. Sections

are governed by heads who report to the Director General. The levels of accountability are

sector, director general and minister.

KAEE does not have independent budget line and its budget is included in the budget of MED.


The legal basis for determining salaries in KAEE is the Law on Salaries of Civil Servants.

Possible disciplinary measures against employees of KAEE are addressed by the Disciplinary

Commission within MED until disputes and complaints can also be addressed by the Dispute

Resolution and Appeal Commission within the MED. Outside the institution, civil servants may

250 Law Nr. 04/L-016 on Energy Efficiency: http://bit.ly/1RK2j1C

Subject 2013 2014 2015 2016

Budget 51,789 1,053,448 1,320,939 4,117,103







http://bit.ly/1RK2j1C

148


court.

76. Geological Service of Kosovo

Geological Service of Kosovo (GSK) is a central body within the Ministry of Economic

Development established with the Law on Kosovo Geological Service.251The law does not define

whether GSK has the status of a legal person and whether it publishes bylaws in the Official

Gazette. GSK has the following duties and responsibilities: geological research of interest to the

Republic of Kosovo, geological and geochemical studies, preparation of geological maps at

different scales, various research and assessments of mineral resources, ground, mineral and

geothermal water. According to relevant law, article 10, paragraph 1.13, the GSK submits to the

minister annual report on the conducted research activities, which after approval, will be made

public. Also, according to Article 7, paragraph 6, director of GSK prepares and submits to the

Minister a detailed annual report on the GSK activity. However, GSK does not have official

website and annual reports are not public.

GSK is led by the Director who manages the GSK and reports to the Minister of Economic

Development. Director is elected by open competition according to the rules and procedures for

the selection and appointment in senior management level under Civil Service Law. According

to the law, the Director of GSK proposes the regulation on internal organization of the GSK

which is approved by the Minister. However, GSK does not have a separate regulation from the

regulation on internal organization of MED. According to the latter, GSK is organized into the

office of the Director General, departments and sections. Chief of section reports to the head of

department and the latter to the Director General. The chief administrative officer in the GSK is

the Director General and is appointed by the Government. The law, however, does not specify

the duration of the mandate of the Director General. Employees of GSK are civil servants.

GSK does not have independent budget line and its budget is included in the budget of MED.


Subject 2013 2014 2015 2016

Budget 556,209 861,965 735,277







The legal basis for determining salaries in GSK is the Law on Salaries of Civil Servants. Possible

disciplinary measures against employees in GSK are addressed by the Disciplinary Commission

within the MED while disputes and appeals can also be addressed by the Dispute Resolution and

Appeal Commission within the MED. Outside the institution, civil servants may appeal to the


251 Law Nr. 04/L-232 on Kosovo Geological Service: http://bit.ly/2d3oe9V

http://bit.ly/2d3oe9V

149

77. Kosovo Forest Agency

Kosovo Forest Agency (KFA) is a central executive body within the Ministry of Agriculture,

Forestry and Rural Development (MAFRD) established initially with UNMIK Administrative

Instruction 2000/23. KFA is later defined with the Law on Kosovo Forests252 in 2004 and with

amendment of the law in 2010. KFA has the legal entity status and the law does not define

whether the agency publishes laws in the Official Gazette. KFA is responsible for issues related

to regulation of forests, private forest land, management and administration of forests, public

forest land and forests in national parks in Kosovo. According to Article 4, paragraph 2.8 of the

Regulation on internal organization and systematization of jobs in KFA,253 the KFA Director

General coordinates the KFA report with MAFRD and other subordinate administrative bodies.

Apart from this provision, Law on Forests of Kosovo and Law amending and supplementing this

law do not define clearly the drafting of annual report by KFA and KFA (Director) reporting to

MAFRD. However, since the KFA is defined as the central body of MAFRD then in practice the

KFA Director reports to the Minister of MAFRD. KFA does not have official website and

agency reports are not public on the official MAFRD website. The MAFRD official website

gives a brief explanation of KFA but no information on the organization, legal basis and other

elements.

KFA is led by the Director General and consists of sections within the departments and sections

within departments. Chief of section reports to heads of department and the latter to director

general of KFA. The Director General is civil servants elected under the rules and procedures for

appointments to senior managerial positions in the civil service and is appointed by the

Government for a term of three years. The Director General is the chief administrative officer in

KFA.

KFA does not have independent budget line and its budget is included in the budget of MAFRD.


Subject 2013 2014 2015 2016

Budget 2,341,683 2,341,683 2,292,062 2,158,142







The legal basis for determination of salaries in KFA are Law on Civil Service, Law on Salaries

of Civil Servants, Regulation No.33/2012 on Salaries and Compensations of Civil Servants and

Regulation Nr. 07/2010 on the Appointment of Civil Servants (salary determined based on

coefficients). Possible disciplinary measures against employees KFA are addressed by the

Disciplinary Commission within the MAFRD while disputes and appeals can also be addressed

by the Dispute Resolution and Appeal Commission within MAFRD. Outside the institution, civil

252 Law Nr. 2000/23 on Kosovo Forests: http://bit.ly/2cZj5z9 253 Regulation Nr. 16/2014 on internal organisation and systematization of jobs in Kosovo Forests Agency: http://bit.ly/2cQJT2r

http://bit.ly/2cZj5z9

http://bit.ly/2cQJT2r

150


the relevant court.

78. Agency for Agricultural Development

Agency for Agricultural Development (AAD) is a central body within the MAFRD which was

established by Law 254 supplemented and amended by the Law on Agriculture and Rural

Development. According to Article 11.A of the law, AAD is established by the Ministry, headed

by the Director General under the authority of Ministry and is responsible for implementation of

agricultural policy and rural development. Agency is of executive character. The law does not

define whether AAD has the status of a legal person. AAD publishes bylaws in the Official

Gazette. According to Article 6 of the relevant law, Minister presents to Government, no later

than September 30, a report on development and economic status of agriculture for the previous

year. AAD has an official website and publishes annual reports.255

According to the Regulation on organization and systematization of jobs in AAD256 issued by the

Minister of MAFRD, AAD consists of departments and sections within them, lead by the

Director General who reports for his work to the Minister of MAFRD. Chief of section reports to

the head of department while the latter reports to the Director General. Levels of organization are

sections and departments while the chief administrative officer is the Director General. The latter

is appointed by the Government for a three-year term under the rules and procedures for the

appointment to the senior management positions in accordance with the Civil Service Law.

AAD does not have independent budget line and its budget is included in the budget of MAFRD.


Subject 2013 2014 2015 2016

Budget x 371,871 408,925 1,233,726







The legal basis for determination of salaries in the AAD is Civil Service Law. Possible

disciplinary measures against employees in AAD are addressed by the Disciplinary Commission

within the MAFRD while disputes and appeals can also be addressed by the Dispute Resolution

and Appeal Commission within MAFRD. Outside the institution, civil servants may appeal to


254 Law Nr. 04/L-090 on Amending and Supplementing the Law Nr.03/L-098 on Agriculture and Rural Development: http://bit.ly/2deHct5 255 Annual reports: http://bit.ly/2cHhQYZ 256 Regulation Nr.01/2010 on internal organisation and systematization of jobs in ADA: http://bit.ly/2cHk4rx

http://bit.ly/2deHct5

http://bit.ly/2cHhQYZ

http://bit.ly/2cHk4rx

151

79. Air Navigation Services Agency

Air Navigation Services Agency (ANSA) is an independent public authority which is established

with a special law, the Law on the Air Navigation Services Agency257pursuant to Article 142 of

the Constitution of Kosovo, which sets the basic principles for establishment of independent

agencies. ANSA has legal entity status but the law does not define whether ANSA publishes

bylaws in the Official Gazette. ANSA is responsible for providing services of air traffic control,

air traffic management and airspace (in cooperation with NATO), aeronautical information

services, aeronautical weather forecast and other issues related to navigation and airspace, as

stipulated in the Law on establishment of ANSA. Director of ANSA is responsible and reports to

the Government where it submits annual report for approval, which after the approval is made

public in the official website of ANSA. However, ANSA does not have official website and has

not published annual reports.

ANSA is led by the Director who is appointed by the Government upon the recommendation of

the Minister of Infrastructure. Prior to recommendation, Minister establishes an evaluation

committee for candidates who have applied on the open competition to select the candidate based

on merits and qualifications and to meet the requirements set by law. Director’s term of office is

five years but with the recommendation of the Minister, the Director of ANSA can be re-

appointed. Director of ANSA works full time and is the chief administrative officer. Director is

assisted by two deputy directors and their selection procedure is determined with a bylaw of the

Government. ANSA has not published the regulation on internal organization and

systematization of jobs. Consequently, internal organisation of ANSA and reporting hierarchy is

not known. Although ANSA is defined as an independent organisation, ANSA does not report to

the Assembly of Kosovo.

ANSA has independent budget line approved by the Assembly of Kosovo. ANSA Director

prepares the budget proposal and allocations for ANSA and submits it to the Minister of Finance.

The budget and number of employees of ANSA 2013-2016 are shown in the table below:

Subject 2013 2014 2015 2016

Budget x x x 2,810,000







Functioning and positions of staff are regulated with a bylaw issued by the Director. The law

does not state whether staff of ANSA are civil servants. At the proposal of the Minister, the

Government through a bylaw determines compensation and other benefits which are paid to the

Director and Deputy Directors. The law also does not mention the disciplinary procedures and

which is the body inside and outside the Government that may decide on disciplinary procedures

against ANSA employees, or any other body where ANSA employees may appeal. Outside the

institution, employees can address to the Labour Inspectorate and the relevant court.

257 Law Nr. 04/L-250 on Air Navigation Services Agency: http://bit.ly/2dnGlHE

http://bit.ly/2dnGlHE

152

SOURCES

1. Administrative Instruction No. 23/2013 for salaries, supplements and other benefits of

employees of the Police Inspectorate in Kosovo: http://bit.ly/2dr9rav

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3. B. Farrugia and J. O’Connell (2008), ACA to YJB: A guide to the UK’s semi-autonomous

public bodies, 2007-08. London: The Taxpayers Alliance cited in O. James, A. Moseley,

N. Petrovsky and G. Boyne (2011), The Executive Agency Revolution in the United

Kingdom, in G. Bouckaert, P. Laegreid, S. van Thiel and K. Verhoest (eds), Government

Agencies: Practices and Lessons from 30 Countries, Palgrave Macmillan.

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5. G. Hammerschmid, S. Van de Walle, R. Andrews, P. Bezes (eds) (2016), Public

Administration Reforms in Europe: The View from the Top, Edward Elgar Publishing

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Research Institute (Albanian version only): http://bit.ly/2d45iKH

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catalogue (Albanian version only): http://bit.ly/1c0n5fU

8. Government decision No. 08/48 of 09.09.2015 to review the salary allowances from the

budget of Kosovo (Albanian version only): http://bit.ly/1SNR88X

9. HM Government (2014), Open Public Services 2014, London: HM Government.

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11. OECD (2015), Regulatory Policy in Lithuania: Focusing on the Delivery Side:


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Verhoest (eds), Government Agencies: Practices and Lessons from 30 Countries,

Palgrave Macmillan: http://bit.ly/2fYOnGS

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wages, internal organization and accountability: http://bit.ly/2fhYarN

14. K. Verhoest, P. G. Roness, B. Verschuere, K. Rubecksen and M. MacCarthaigh (eds)

(2010), Autonomy and Control of State Agencies: Comparing States and Agencies.

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16. Law No. 05/L-096 on the Prevention of Money Laundering and Combating Terrorist

Financing: http://bit.ly/2gBXts

17. Law N. 03/L-189 on the State Administration: http://bit.ly/2hms9Sk

18. Law No. 03/L-209 on Central Bank of Kosovo: http://bit.ly/2huytaB

19. Law No. 04/L-250 on the Air Navigation Services Agency: http://bit.ly/2hxvWKu

http://bit.ly/2dr9rav


http://bit.ly/2dtvqdR


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http://bit.ly/2gGeBCc


http://bit.ly/2fYOnGS

http://bit.ly/2fhYarN

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http://bit.ly/2huytaB

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153

20. Law No. 04/L-230 on the Agency for Emergency Management: http://bit.ly/2h1ooPf

21. Law No. 04/L-064 on Kosovo Agency on Forensic: http://bit.ly/2hORfGa

22. Law No. 04/L-160 on Civil Registration Agency: http://bit.ly/2hmBIk6

23. Law No. 04/L-037 on Higher Education in Kosovo: http://bit.ly/2huAdRb

24. Law No. 05/L-019 on Ombudsperson: http://bit.ly/2hOInRh

25. Law No. 03/L-149 on Civil Service of Kosovo: http://bit.ly/2dsE2AL

26. Law No. 03/L-137 on Salaries of Civil Servants: http://bit.ly/2hON2Ta

27. Law No. 03/L-121 on the Constitutional Court of Kosovo: http://bit.ly/2gM2IZJ

28. Law No. 03/L-224 on the Kosovo Prosecutorial Council: http://bit.ly/2hmDbXz

29. Law No. 03/L-223 on the Kosovo Judicial Council: http://bit.ly/2hmCldq

30. Law No. 03/L-063 on the Kosovo Intelligence Agency: http://bit.ly/1RN2HAw

31. Law No. 03/L-050 on the establishment of the Kosovo Security Council:

http://bit.ly/1TFrecl

32. Law No. 05/L-055 on the Auditor General and the National Audit of Kosovo:

http://bit.ly/2huMW6r

33. Law No. 03/L-073 on General Elections in Kosovo: http://bit.ly/2gKdKjx

34. Law No. 04/L-44 on Independent Media Commission: http://bit.ly/2gK9tN8

35. Law No. 03/L-079: http://bit.ly/2hOSGEF to change the UNMIK Regulation 2006/50 and

the Law No. 04/L-115 on amending and supplementing the laws related to the ending of

international supervision of independence of Kosovo: http://bit.ly/2gK9Qas

36. Law No. 03/L-159 on Anti-Corruption Agency: http://bit.ly/20AZCWC

37. Law No. 04/L-146 on Agency for the Management of Memorial Complexes in Kosovo:

http://bit.ly/2hGmZBH

38. Law No. 03/L-172 on the Protection of Personal Data: http://bit.ly/23DZ4RN

39. Law No. 04/L-017 on Free Legal Aid: http://bit.ly/2hmzelP

40. Law No. 05/L-038 on Kosovo Academy of Sciences and Arts: http://bit.ly/2hxB0hR

41. Law No. 03/L-229 on the Protection of Competition: http://bit.ly/2hwULWE

42. Law No. 02/L-25 on establishment of Kosovo Judicial Council: http://bit.ly/2hGrfRr

43. Law No. 02/L-88 on Cultural Heritage: http://bit.ly/2hOTzNp

44. Law No. 03/L-192 on Independent Oversight Board for Civil Service of Kosovo:

http://bit.ly/2hx3vvY

45. Law No. 03/L-163 on Mines and Minerals: http://bit.ly/2hmJavo

46. Law No. 04/L-046 on Radio Television of Kosovo: http://bit.ly/2gMo74T

47. Law No. 04/L-101 on Pension Fund of Kosovo : http://bit.ly/2hOYdLB

48. Law No.03/L-051 on Civil Aviation: http://bit.ly/2h1DG6z

49. Law No. 04/L-109 on Electronic Communications: http://bit.ly/1qFXaSl

50. Law No.04/L-063 on Railways: http://bit.ly/2h1Arfu

51. Ligji 05/L-042 për Rregullimin e Shërbimeve të Ujit: http://bit.ly/1sOBBQr

52. Law No. 04/L-042 for the Regulation of Water Services in Kosovo : http://bit.ly/2hx2C6y

53. Law No. 05/L-084 on the Energy Regulator: http://bit.ly/2hxFrt8

http://bit.ly/2h1ooPf

http://bit.ly/2hORfGa

http://bit.ly/2hmBIk6

http://bit.ly/2huAdRb

http://bit.ly/2hOInRh

http://bit.ly/2dsE2AL

http://bit.ly/2hON2Ta

http://bit.ly/2gM2IZJ

http://bit.ly/2hmDbXz

http://bit.ly/2hmCldq

http://bit.ly/1RN2HAw

http://bit.ly/1TFrecl

http://bit.ly/2huMW6r

http://bit.ly/2gKdKjx

http://bit.ly/2gK9tN8

http://bit.ly/2hOSGEF

http://bit.ly/2gK9Qas

http://bit.ly/20AZCWC

http://bit.ly/2hGmZBH

http://bit.ly/23DZ4RN

http://bit.ly/2hmzelP

http://bit.ly/2hxB0hR

http://bit.ly/2hwULWE

http://bit.ly/2hGrfRr

http://bit.ly/2hOTzNp

http://bit.ly/2hx3vvY

http://bit.ly/2hmJavo

http://bit.ly/2gMo74T

http://bit.ly/2hOYdLB

http://bit.ly/2h1DG6z

http://bit.ly/1qFXaSl

http://bit.ly/2h1Arfu

http://bit.ly/1sOBBQr

http://bit.ly/2hx2C6y

http://bit.ly/2hxFrt8

154

54. Law No. 04/L-088 on the State Advocacy Office: http://bit.ly/2huHOiY

55. Law No. 04/L-036 on Official Statistics of Kosovo: http://bit.ly/2hP3nHc

56. Law No. 03/L-016 on Food: http://bit.ly/2gKhsJY

57. Law No. 05/L-020 on Gender Equality: http://bit.ly/2gfizjz

58. Law No. 04/L-067 for the Agency of Kosovo on Radiation Protection and Nuclear

Safety: http://bit.ly/2hx3F6n

59. Law No. 04/L-145 on Information Society Government Bodies: http://bit.ly/2hmHn9V

60. Law No. 04/L-221 on Kosovo Institute for Public Administration: http://bit.ly/2hP6But

61. Law No. 05/L-049 on the Management of Sequestrated and Confiscated Assets:

http://bit.ly/2huIYuy

62. Law No. 05/L-060 on Forensic Medicine: http://bit.ly/2gM1xuZ

63. Law No. 03/L-222 on Tax Administration and Procedures: http://bit.ly/2hz5KPo

64. Law No. 03/L-048 on Public Financial Management and Accountability:

http://bit.ly/2hIl13M

65. Law No. 04/L-053 on Kosovo Academy for Public Safety: http://bit.ly/2hnTR0N

66. Law No. 03/L-231 on Police Inspectorate of Kosovo: http://bit.ly/2hQzYwF

67. Law No. 04/L-064 on Kosovo Agency on Forensic: http://bit.ly/2hnL7rF

68. Law No. 03/L-025 on Environmental Protection: http://bit.ly/2hQAoTI

69. Law No. 04/L-013 on Cadastre: http://bit.ly/2hwnPQN

70. Law No. 04/L-190 on Medical Products and Medical Devices: http://bit.ly/2gM3GXz

71. Law No. 04/L-125 on Health: http://bit.ly/2hwk3a8

72. Law No. 2002/9 on Labour Inspectorate in Kosovo: http://bit.ly/2dRbPry

73. Law No. 04/L-205 on the Employment Agency of Kosovo: http://bit.ly/2gM48oy

74. Law No. 04/L-220 on Foreign Investment: http://bit.ly/2gM5lMR

75. Law No. 02/L-123 on Business Organisations: http://bit.ly/2hwqEkR

76. Law No.03/L-144 on Standardization: http://bit.ly/2gDIe1Z

77. Law No. 03/L-069 on Accreditation: http://bit.ly/2gNYj8B

78. Law No. 03/L-203 on Metrology: http://bit.ly/2gNU0tL

79. Law No. 04/L-029 on Patents: http://bit.ly/2gDKqqh

80. Law No. 2000/23 on Forests in Kosovo: http://bit.ly/2hzl9ir

81. Law No. 03/L-060 on National Qualifications: http://bit.ly/2hyZbNb

82. Law No. 04/L-016 on Energy Efficiency: http://bit.ly/2gDKWnV

83. Law No. 03/L-181 on Market Inspectorate: http://bit.ly/2h3br7o

84. Law No. 04/L-137 for Vocational and Education and Training: http://bit.ly/2hz0awV

85. Law No. 02/L-038 on Health Inspectorate: http://bit.ly/2h3eP22

86. Draft law on Salaries of High Public Officials: http://bit.ly/2hzf1a6

87. Government legislative programme 2016: http://bit.ly/2hwuaM7

88. UNMIK Regulation 2006/10: http://bit.ly/2aGvRSZ and 2006/50: http://bit.ly/2aUroMl

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http://bit.ly/2hP3nHc

http://bit.ly/2gKhsJY

http://bit.ly/2gfizjz

http://bit.ly/2hx3F6n

http://bit.ly/2hmHn9V

http://bit.ly/2hP6But

http://bit.ly/2huIYuy

http://bit.ly/2gM1xuZ

http://bit.ly/2hz5KPo

http://bit.ly/2hIl13M

http://bit.ly/2hnTR0N

http://bit.ly/2hQzYwF

http://bit.ly/2hnL7rF

http://bit.ly/2hQAoTI

http://bit.ly/2hwnPQN

http://bit.ly/2gM3GXz

http://bit.ly/2hwk3a8

http://bit.ly/2dRbPry

http://bit.ly/2gM48oy

http://bit.ly/2gM5lMR

http://bit.ly/2hwqEkR

http://bit.ly/2gDIe1Z

http://bit.ly/2gNYj8B

http://bit.ly/2gNU0tL

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http://bit.ly/2hzf1a6

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http://bit.ly/2aGvRSZ

http://bit.ly/2aUroMl

155

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90. Administrative Instruction No. 16/2015 for determination of violations, disciplinary

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91. Regulation No. 33/2012 on allowances in salaries and other compensations for civil

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Vilnius University.

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http://bit.ly/2fNIizg



http://bit.ly/1qpnyi8

REVIEW OF INSTITUTIONS AND AGENCIES OF THE … · 6 EXECUTIVE SUMMARY Institutions and agencies...

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