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
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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
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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.
15
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
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
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
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.
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.
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
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
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.
Kosovo Assembly Institutions and Agencies
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
5 Members, appointed by the Assembly upon proposal by
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
3 Members, appointed by the Assembly upon proposal by
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.
Kosovo Government Agencies
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
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
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
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
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
Kosovo Competition Authority
Railway Regulatory Authority
Water Services Regulatory Authority
Elections Complaints and Appeals Panel
Agency for Free Legal Assistance
Procurement Review Body
Kosovo Security Council
Kosovo Judicial Institute
Independent Oversight Board for Civil Service
Public Procurement Regulatory Commission
Civil Aviation Authority
Independent Media Commission
Energy Regulatory Office
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
Kosovo Property Agency
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
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
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
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.
Kosovo Assembly Institutions and Agencies
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
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.
Kosovo Government Agencies
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
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.
Kosovo Assembly Institutions and Agencies
48 SIGMA, The Principles of Public Administration, Chapter 4 – Accountability, p. 65: 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.
Kosovo Property Agency
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
Kosovo Competition Authority
Regulatory Authority of Electronic and
Postal Communications
Railway Regulatory Authority
Civil Aviation Authority
Independent Commission of Mines and
Minerals
Energy Regulatory Office
Economic Development, Infrastructure,
Trade and Industry Committee
15. Central Bank of Kosovo Budget and Finance Committee
49
16.
17.
18.
Procurement Review Body
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
Kosovo Government Agencies
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).
53
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
Draft law submitted to
Assembly: Q3, 2017
Adoption by the
Assembly: 2018
Secondary legislation and
guidelines:
First draft: Q4, 2017
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
Draft law submitted to
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
Secondary legislation and
guidelines:
First draft: Q4, 2017
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
Draft law submitted to
Assembly: Q3, 2017
Adoption by the
Assembly: 2018
Secondary legislation and
guidelines:
First draft: Q4, 2017
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
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
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
appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant
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
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
Number of political appointees 348 329 325 340
Number of professional staff 605 630 630 563
Number of administrative staff 458 453 451 452
Number of support staff 440 431 431 433
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
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
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 employees 90 90 90 90
Number of civil servants x 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 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
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
Number of employees 26 24 24 24
Number of civil servants 26 24 24 24
Number of political appointees 0 0 0 0
Number of professional staff 24 22 22 22
Number of administrative staff 2 2 2 2
Number of support staff 0 0 0 0
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
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 employees 45 47 51 51
Number of civil servants x x x 45
Number of political appointees 6 6 6 6
Number of professional staff x x x 32
Number of administrative staff x x x 8
Number of support staff x x x x
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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(IOBCSK) and then to the relevant court.
72 Regulation 01/2016 on Internal Organisation and Systematization of Jobs in the Ombudsperson Institution: 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 employees 148 147 150 152
Number of civil servants x x x 141
Number of political appointees x x x 1
Number of professional staff x x x 124
Number of administrative staff x x x 6
Number of support staff x x x x
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
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
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 employees 82 83 83 83
Number of civil servants X x x x
Number of political appointees 11 11 11 11
Number of professional staff 66 67 67 67
Number of administrative staff 5 5 5 5
Number of support staff 0 0 0 0
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
servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to
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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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
Number of employees 193 201 215 215
Number of civil servants 0 0 0 0
Number of political appointees x x x x
Number of professional staff x x x 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.
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Number of administrative staff x x x x
Number of support staff x x x x
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
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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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 789,539 1,483,539 794,342 1,046,477
Number of employees 31 31 31 29
Number of civil servants 31 31 31 29
Number of political appointees 7 7 7 7
Number of professional staff 29 29 29 27
Number of administrative staff 2 2 2 2
Number of support staff 0 0 0 0
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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(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.
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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
Number of employees 235 223 214 214
Number of civil servants 220 210 201 201
Number of political appointees 0 0 0 0
Number of professional staff 92 87 83 83
Number of administrative staff 128 123 118 118
Number of support staff 11 11 11 11
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
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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
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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
and categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 8,048,000 11,345,873 10,211,283 8,965,168
Number of employees 261 249 250 249
Number of civil servants 241 230 228 225
Number of political appointees 0 0 0 0
Number of professional staff 235 224 230 229
Number of administrative staff 10 9 0 0
Number of support staff 16 16 20 20
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
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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
Number of employees 40 40 40 40
Number of civil servants 39 39 39 39
Number of political appointees 0 0 0 0
Number of professional staff 35 35 35 35
Number of administrative staff 5 5 5 5
Number of support staff 0 0 0 0
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
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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
and categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget x107 1,167,068 2,393,308 2,438,257
Number of employees 1 9 11 11
Number of civil servants x 8 10 10
Number of political appointees 1 1 1 1
Number of professional staff 1 7 9 9
Number of administrative staff X 2 2 2
Number of support staff 0 0 0 0
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
(IOBCSK) and then to the relevant court.
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
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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
and categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 372,000 396,000 349,000 354,058
Number of employees 19 23 23 15
Number of civil servants 14 18 18 15
Number of political appointees 5 5 5 5
Number of professional staff 13 17 17 14
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
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
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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
Number of employees 22 22 22 22
Number of civil servants 22 22 22 22
Number of political appointees 0 0 0 0
Number of professional staff 17 17 17 17
Number of administrative staff 5 5 5 5
Number of support staff 0 0 0 0
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
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
the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
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
Number of employees 16 18 18 18
Number of civil servants 16 18 18 16
Number of political appointees 0 0 0 0
Number of professional staff 13 15 14 14
Number of administrative staff 3 3 2 2
Number of support staff 0 0 2 2
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.
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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
Number of employees 15 13 12 17
Number of civil servants 11 11 11 11
Number of political appointees 3 1 0 5
Number of professional staff 10 11 11 11
Number of administrative staff 1 0 0 0
Number of support staff 1 1 1 1
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
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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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(IOBCSK) and then to the relevant court.
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
Number of employees 25 25 25 25122
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
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Number of civil servants 24 24 24 24
Number of political appointees 0 0 0 0
Number of professional staff 22 22 22 22
Number of administrative staff 2 2 2 2
Number of support staff 1 1 1 1
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
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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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 161,718 161,200 198,851 196,592
Number of employees 8 7 7 16
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
Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
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
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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
and categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 251,716 259,500 282,303 307,734
Number of employees 18 18 18 26
Number of civil servants 18 18 18 19
Number of political appointees 7 7 7 7
Number of professional staff 12 13 13 13
Number of administrative staff 5 5 5 5
Number of support staff 0 0 0 0
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
servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to
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
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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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 1,805,064 1,835,064 1,275,717 1,306,628
Number of employees 71 72 73 74
Number of civil servants 66 71 68 69
Number of political appointees 5 1 4 5
Number of professional staff 44 50 49 50
Number of administrative staff 22 21 19 19
Number of support staff 0 0 0 0
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
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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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 304,375 314,400 319,071 329,883
Number of employees 16 23 22 23
Number of civil servants 16 18 18 18
Number of political appointees 0 5 4 5
Number of professional staff 16 18 16 15
Number of administrative staff 0 0 2 3
Number of support staff 0 0 0 0
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
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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
Number of employees 20 20 19 19
Number of civil servants 10 10 9 9
Number of political appointees 10 10 10 10
Number of professional staff 4 4 4 5
Number of administrative staff 3 3 3 2
Number of support staff 0 0 0 0
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
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Dispute Resolution and Appeal Commission within the ECAP. Outside the institution, civil
servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to
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
Number of civil servants 0 0 0 0
Number of political appointees 11 11 11 11
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
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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
Number of civil servants 0 0 0 0
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
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Number of political appointees 8 8 8 8
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
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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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 782,881 783,000 924,836 925,274
Number of employees 26 26 29 29
Number of civil servants x x x 27
Number of political appointees x x x 5
Number of professional staff x x x 21
Number of administrative staff x x x 1
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
appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant
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
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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
Number of employees 33 35 37 37
Number of civil servants 28 30 32 32
Number of political appointees 5 5 5 5
Number of professional staff 27 28 31 31
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 1
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
the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
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
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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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 354,164 264,200 325,421 293,623
Number of employees 17 17 17 17
Number of civil servants 17 17 17 17
Number of political appointees 3 3 0 0
Number of professional staff 16 16 16 16
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
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
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Appeal Commission within the RRA. Outside the institution, civil servants may appeal to the
Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 328,619 359,000 382,280 358,734
Number of employees 19 19 19 19
Number of civil servants 17 17 17 17
Number of political appointees 2 2 2 2
Number of professional staff 14 14 14 14
Number of administrative staff 3 3 3 3
Number of support staff 0 0 0 0
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
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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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(IOBCSK) and then to the relevant court.
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
categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 327,365 1,426,037 913,363 775,466
Number of employees 26 26 26 28
Number of civil servants x x x 25
Number of political appointees x x x 3
Number of professional staff x x x 20
Number of administrative staff x x x 3
Number of support staff x x x x
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
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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
appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant
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
Number of employees 33 33 33 33
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
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Number of civil servants 0 0 0 0
Number of political appointees 5 5 5 5
Number of professional staff x x x x
Number of administrative staff x x x x
Number of support staff x x x x
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
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Subject 2013 2014 2015 2016
Budget 577,896 612,861 678,914 723,662
Number of employees 90 90 90 99
Number of civil servants 88 88 88 97
Number of political appointees 0 0 0 0
Number of professional staff 88 88 88 97
Number of administrative staff 0 0 0 0
Number of support staff 2 2 2 2
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
Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
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
Number of civil servants 131 134 136 142
Number of political appointees 0 0 0 0
168 Law Nr. 04/L-036 on Official Statistics of Kosovo: http://bit.ly/2ctCUSV 169 KAS annual reports: http://bit.ly/2cOtGNz
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Number of professional staff 128 131 133 140
Number of administrative staff 2 2 3 2
Number of support staff 1 1 0 0
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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(IOBCSK) and then to the relevant court.
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
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Subject 2013 2014 2015 2016
Budget 5,174,335 5,240,079 5,224,313 4,829,116
Number of employees 150 158 165 171
Number of civil servants 150 158 165 171
Number of political appointees 0 0 0 0
Number of professional staff 137 145 152 158
Number of administrative staff 13 13 13 13
Number of support staff 0 0 0 0
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
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Subject 2013 2014 2015 2016
Budget 185,770 612,861 678,914 191,425
Number of employees 18 18 17 17
Number of civil servants 18 18 17 17
Number of political appointees 0 0 0 0
Number of professional staff 17 17 16 16
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
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
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 the relevant court.
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
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Subject 2013 2014 2015 2016
Budget 28,800 67,800 70,938 64,102
Number of employees 3 6 6 6
Number of civil servants 3 6 6 6
Number of political appointees 0 0 0 0
Number of professional staff 3 6 6 6
Number of administrative staff 0 0 0 0
Number of support staff 0 0 0 0
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
Number of civil servants x 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
180 Law Nr. 04/L-145 on Information Society Government Bodies: http://bit.ly/2cQrLKg
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Number of support staff x x x x
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
Number of employees 16 16 16 16
Number of civil servants 16 16 16 16
Number of political appointees 0 0 0 0
Number of professional staff 12 12 12 12
Number of administrative staff 4 4 4 4
Number of support staff 0 0 2 2
181 Law Nr. 04/L-221 on Kosovo Institute for Public Administration: http://bit.ly/2cNVH9P 182 KIPA annual reports: 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
servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to
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
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.
Outside the institution, civil servants may appeal to the Independent Oversight Board for Civil
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
Number of employees x x x x
Number of civil servants x 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
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
appeals can also be addressed by the Dispute Resolution and Appeal Commission within the
184 Law Nr. 05/L-048 on Managing Sequestrated or Confiscated Assets: 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
Ministry of Justice. Budget, number and categories of employees 2013-2016 are shown in the
table below:
Subject 2013 2014 2015 2016
Budget 240,724 240,724 174,916 117,697
Number of employees 8 8 8 7
Number of civil servants 0 0 0 0
Number of political appointees 8186 8 8 7
Number of professional staff 6 6 6 5
Number of administrative staff 2 2 2 2
Number of support staff x x x x
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.
Outside the institution, civil servants may appeal to the Independent Oversight Board for Civil
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
Ministry of Justice. Budget, number and categories of employees 2013-2016 are shown in the
table below:
Subject 2013 2014 2015 2016
Budget 68,641 67,085 62,684 73,230
Number of employees 5 6 6 7
Number of civil servants 5 6 6 7
Number of political appointees 0 0 0 0
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 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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(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
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
Number of civil servants x 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
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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(IOBCSK) and then to the relevant court.
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
Ministry of Justice. Budget, number and categories of employees 2013-2016 are shown in the
table below:
Subject 2013 2014 2015 2016
Budget 384,751 539,421 648,181
Number of employees 252 279 285 288
Number of civil servants 252 166 167 171
Number of political appointees 0 0 0 0
Number of professional staff 123 129 128 131
Number of administrative staff 129 37 39 40
Number of support staff 0 113 118 117
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
Number of employees 1605 1602 1614 1613
Number of civil servants x 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
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
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 employees 759 785 785 789
Number of civil servants 759 785 785 X
Number of political appointees 0 0 0 0
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
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
Ministry of Finance. Budget, number and categories of employees 2013-2016 are shown in the
table below:
Subject 2013 2014 2015 2016
Budget 161,617 281,617 138,720 133,184
Number of employees 15 15 15 15
Number of civil servants 15 15 15 15
Number of political appointees 0 0 0 0
Number of professional staff x x x x
Number of administrative staff x x x x
Number of support staff x x x x
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
appeals can also be addressed by the Dispute Resolution and Appeal Commission within 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.
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
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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
Number of employees 65 65 71 79
Number of civil servants x x x 76
Number of political appointees x x x x
Number of professional staff x x x 37
Number of administrative staff x x x 6
Number of support staff x x x x
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
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
Ministry of Finance. Budget, number and categories of employees 2013-2016 are shown in the
table below:
Subject 2013 2014 2015 2016
Budget 8,980,176 9,781,070 8,903,538 8,052,640
Number of employees 578 566 574 587
Number of civil servants 76 76 76 73
Number of political appointees 0 0 0 0
Number of professional staff 49 49 49 48
Number of administrative staff 19 17 17 16
Number of support staff 8 7 7 9
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
appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant
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
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
Number of employees 17 18 18 18
Number of civil servants 17 18 18 3
Number of political appointees 0 0 0 0
Number of professional staff x x x 15
Number of administrative staff x x x x
Number of support staff x x x x
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
Number of employees 616 614 599 608
Number of civil servants 616 614 599 608
Number of political appointees 0 0 0 0
Number of professional staff 191 195 189 424
Number of administrative staff 425 419 410 184
Number of support staff 0 0 0 0
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
while disputes and appeals can also be addressed by 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 the relevant court.
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
Number of employees 168 163 174 161
Number of civil servants 121 120 123 119
Number of political appointees 0 0 0 0
Number of professional staff 86 85 90 87
Number of administrative staff 37 35 35 32
Number of support staff 45 43 49 42
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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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
Number of employees 8427 8661 8690 8951
Number of civil servants x x x 1050
Number of political appointees x x x x
Number of professional staff x x x 607
Number of administrative staff x x x 443
Number of support staff x x x x
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
Number of employees 71 71 73 75
Number of civil servants 15 15 15 16
Number of political appointees 0 0 0 0
Number of professional staff 7 17 17 18
Number of administrative staff 4 4 4 4
Number of support staff 0 0 0 0
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
Number of civil servants x x x x
Number of political appointees 0 0 0 0
Number of professional staff x x x x
Number of administrative staff x x x x
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
servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
Number of support staff x x x x
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
Number of civil servants x x x x
Number of political appointees 0 0 0 0
Number of professional staff x x x x
Number of administrative staff x x x x
Number of support staff x x x x
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
Number of employees x x x x
Number of civil servants x 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
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
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
Number of employees 49 51 50 57
Number of civil servants 49 51 50 57
Number of political appointees 0 0 0 0
Number of professional staff 43 45 44 51
Number of administrative staff 6 6 6 6
Number of support staff 14 22 22 23
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
disputes and appeals can also be addressed by the Dispute Resolution and Appeal Commission
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
134
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.
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
institution, civil servants may appeal to the Independent Oversight Board for Civil Service
(IOBCSK) and then to the relevant court.
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
Number of employees 47 47 46 47
Number of civil servants x x x 28
Number of political appointees 0 0 0 0
Number of professional staff x x x 21
Number of administrative staff x x x 7
Number of support staff 0 0 0 0
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
servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to
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
Number of employees x x x 24
Number of civil servants x x x x
Number of political appointees 0 0 0 0
Number of professional staff x x x x
Number of administrative staff x x x x
Number of support staff x x x x
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
(IOBCSK) and then to the relevant court.
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
Number of employees 11 15 10 12
Number of civil servants 10 15 9 11
Number of political appointees 0 0 0 0
Number of professional staff 10 15 9 11
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
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
Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
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
Number of civil servants x x x x
Number of political appointees 0 0 0 0
Number of professional staff x x x x
Number of administrative staff x x x x
Number of support staff x x x x
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
Number of employees x x x x
Number of civil servants x 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
Subject 2013 2014 2015 2016
Budget 1,698,042 2,782,632 2,496,048 x
Number of employees x x x x
Number of civil servants x 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
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
while disputes and appeals can also be addressed by the 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.
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
while disputes and appeals can also be addressed by the 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.
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
Number of employees x x x 22
Number of civil servants x 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
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant
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
Number of employees 7 7 7 7
Number of civil servants 7 7 7 7
Number of political appointees 0 0 0 0
Number of professional staff 1 1 1 1
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
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.
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
Number of employees 7 7 7 7
Number of civil servants 7 7 7 7
Number of political appointees 0 0 0 0
Number of professional staff 6 6 6 6
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
142
KMA 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 shown in the table below:
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
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.
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
Number of employees x x x 20
Number of civil servants x 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
Subject 2013 2014 2015 2016
Budget 84,218 108,826 102,792 95,750
Number of employees 10 10 10 10
Number of civil servants 10 10 10 10
Number of political appointees 0 0 0 0
Number of professional staff x x x x
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
while disputes and appeals can also be addressed by the 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.
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
Number of administrative staff x x x x
Number of support staff x x x x
Subject 2013 2014 2015 2016
Budget 347,699 138,030 153,524 326,176
Number of employees 82 82 82 82
Number of civil servants 82 82 82 82
Number of political appointees 0 0 0 0
Number of professional staff x x x x
Number of administrative staff x x x x
Number of support staff x x x x
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
while disputes and appeals can also be addressed by the Dispute Resolution and Appeal
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
Number of employees x x x x
Number of civil servants x x x 7
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
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
145
addressed by the Dispute Resolution and Appeal Commission 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.
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.
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 50,400 49,400 3,062,847 3,281,145
Number of employees 0 6 6 8
Number of civil servants 0 6 0 6
Number of political appointees 0 0 0 0
Number of professional staff 0 5 5 5
Number of administrative staff 0 1 1 1
Number of support staff 0 0 0 2
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
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.
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 283,884 276,884 257,189 195,296
Number of employees 6 6 6 6
Number of civil servants 6 6 6 6
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
147
Number of political appointees 0 0 0 0
Number of professional staff 5 5 5 5
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
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
disputes and appeals can also be addressed by the Dispute Resolution and Appeal Commission
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
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
Number of employees 4 4 4 4
Number of civil servants 4 4 4 4
Number of political appointees 0 0 0 0
Number of professional staff 3 3 3 3
Number of administrative staff 1 1 1 1
Number of support staff 0 0 0 0
148
appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 556,209 861,965 735,277
Number of employees 15 15 17 22
Number of civil servants 11 11 13 18
Number of political appointees 0 0 0 0
Number of professional staff 14 14 16 21
Number of administrative staff 1 1 1 1
Number of support staff 4 4 4 4
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
Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
251 Law Nr. 04/L-232 on Kosovo Geological Service: 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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget 2,341,683 2,341,683 2,292,062 2,158,142
Number of employees 133 131 135 152
Number of civil servants 103 104 107 116
Number of political appointees 0 0 0 0
Number of professional staff 58 60 61 65
Number of administrative staff 45 44 46 51
Number of support staff 30 27 28 36
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
150
servants may appeal to the Independent Oversight Board for Civil Service (IOBCSK) and then to
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.
Budget, number and categories of employees 2013-2016 are shown in the table below:
Subject 2013 2014 2015 2016
Budget x 371,871 408,925 1,233,726
Number of employees x x x x
Number of civil servants x 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
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
the Independent Oversight Board for Civil Service (IOBCSK) and then to the relevant court.
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
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
Number of employees x x x 160
Number of civil servants x x x x
Number of political appointees x x x 3
Number of professional staff x x x x
Number of administrative staff x x x x
Number of support staff x x x x
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
152
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